NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Don J. Harr when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 42, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
SEABOARD COAST LINE RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current applicable agreement the Carrier violatively and arbitrarily abolished an assignment (trackmobile operator)
at Hamlet, North Carolina in the Car Department and created a position on the same shift with different relief days without advertising
the trackmobile operator's position or duties while the trackmobile
continued to be operated in exactly the same manner as it was prior to
the abolishment with the Carrier assigning employes (carmen) on
hourly or daily basis without regard to seniority. The trackxnobile
swing position that relieved the beforementioned position, which was a
seven day position, has never been abolished and is a violation.
2. The new position that was created has relief days of Friday
and Saturday and no swing position to relieve same and is a violation.
3. That accordingly the Carrier be ordered to restore the trackmobile operator's position on the second shift at Car Shop No. 2,
Hamlet, North Carolina and that they be ordered to create a swing
position to relieve the position outlined in Item 2 above.
EMPLOYES' STATEMENT OF FACTS: On May 28, 1968 a bulletin was
placed on the board at Hamlet, North Carolina, in the Car Department, abolishing the position of trackmobile operator, 3:30 P. M. to 11:30 P. M., hours of
assignment, relief days Tuesday and Wednesday. The trackmobile swing position (regular relief assignment), which relieved this position on Tuesday and
Wednesday, was not abolished and continues to relieve the beforementioned
trackmobile operator's position which does not exist.
A new position with relief days of Friday and Saturday, second shift, at
Car Shop No. 2, which is the same work location, was created and to date does
not have a relief assignment to swing same.
Carrier respectfully requests that your Board deny this claim in its
entirety.
FINDINGS: The Second Division of the Adjustment Board, upon the
whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On May 28, 1968, Carrier abolished the "Trackmobile Operator" position
in the Hamlet Car Department by bulletin reading:
"Effective five (5) working days from this date, the position of
Trackmobile Operator, Car Shop No. 2, Hours of Assignment
3:30 P. M. to 11:30 P. M., Rest days Tuesday and Wednesday, Rate
$3.306 per hour, will be abolished."
On May 29, 1968, Carrier established a new assignment on the second
shift in its Hamlet Car Department by bulletin reading:
"Bids will be received in this office for a period of five (5) days
from date for the following position:
1. Carman B. Spot Repair Shop, Rate $3.306 per Hour, Hours of
Assignment 3:30 P. M. to 11:30 P. M. Relief Days Friday and Saturday. New Position."
On July 18, 1969, the Local Chairman filed a grievance alleging that the
procedure followed by the Carrier violated the agreement, in particular Rules
1, 15 and 23.
In their Submission to the Board the Employes ask that the Claim be
sustained for Carrier's failure to comply with Rule 30, Paragraph 1(a) (the
time-limit rule). We find that the Carrier properly denied the Claim under
the provisions of Rule 30.
It is well settled by decisions of this Division and other Divisions of the
NRAB that it is the employer's right to arrange and control its forces and
manage its business, subject to its contractual obligations and the limitation
of law. (See Second Division Awards 2916 and 3630.)
The question to be decided by the Board is whether the Employes had
exclusive right to operate trackmobiles under the Agreement or by past custom and practice.
The Classification of Work Rule (Rule 100) does not mention trackmobiles.
From a review of the record we find no probative evidence to show that the
Employes have the exclusive right to operate trackmobiles. The exhibits
offered by Carrier indicate the contrary.
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We must deny the Claim for lack of support.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 18th day of November, 1970.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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