Award No. 6074 Docket No. 5912
2-N&W-CM= 70The Second Division consisted of the regular members and
in addition Referee Don J. Harr when award was rendered.
SYSTEM FEDERATION NO. 16, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.- C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: The Norfolk and Western Railway Company hereinafter referred to as the carrier maintains at Williamson, West Virginia, a point on carrier's line, a shop track, where cars are inspected, serviced and repaired. Carrier is required by the provisions of Rule 17 of the current agreement, between the carrier and the employes represented by System Federation No. 16, that all vacancies or new jobs created will be bulletined.
Due to the retirement of T. E. Oakes, on December 1, 1967, who had performed the job of inspecting cars on the shop track for many years, a vacancy on such job resulted, which should have been bulletined under Rule 17, of current agreement, but carrier failed to comply with agreement and arbitrarily assigned carman, Derrick Car Operator B. J. Crawford, to the job or vacancy, without benefit of bulletin, thereby depriving carmen employed and, shown on said point seniority roster, of their seniority rights in bidding on the preferred job, of inspecting cars on the shop track.
Carrier alleges that the position of derrick car operator is an appointive position and because of the fact said B. J. Crawford operates the derrick car when used for wrecking service, it is not necessary to bulletin the job of car
the employe creating the vacancy. As previously stated, the derrick car engineer, by agreement, performs carman's work, filling in where needed when not occupied with the wrecking outfit; therefore, he has no assigned or regular duties. Under these circumstances his absence for any reason could not create a vacancy as contemplated by Rule 17.
On May 10, 1944, a memorandum agreement was executed concerning the method of advertising jobs at Williamson, West Virginia. The third paragraph of this agreement is pertinent in this dispute and for the convenience of your board is herewith reproduced:
It will be noted that this method of advertising jobs on the shop track is applicable only to those jobs relating to specific duties. This agreement was worded in this manner as, even at that time, an1v jobs involving painting, stencilling, welding, testing and repairing air brakes on cars and carpenter jobs were bulletined as painter, welder, air man and carpenter. All other shop track jobs were designated as carman. This practice has not changed either by practice or by agreement.
In requesting your board to order the carrier to establish a job with the title of car inspector on the shop track, the employes are not only asking that a "part time" job be created but also asking your board to amend the May 10, 1944 memorandum agreement, which you are not empowered to do.
In summary carrier would emphasize that the derrick car engineer is an appointed employe. He has no rights in the carman's craft other than that of performing carmen's work. He is not assigned, in the accepted sense of the word, to any particular duties in the craft and cannot be displaced by anyone in the craft. His primary duty is the care and maintenance of the wrecking outfit and is given other duties only when they do not interfere with this duty. In that he holds no rcg ilar assignme° t in the craft, his absence for any reason does not create a vacancy in the craft nor does his being given carmen's work to perform necessarily create a new job, especially if the performance of that work does not consume more than two or three hours as the job in question does. The general chairman admits that Mr. Oakes, the previous derrick car engineer, performed this work and no exceptions were taken.
Not only would the establishment of the position of car inspector on the shop track create an unnecessary job interfering with the carrier's prerogative of managing its affairs in the most economical and efficient manner at its disposal, but also amend the May 10, 1944 memorandum agreement in a manner disadvantageous and undesirable to the carrier.
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.
Carrier maintains a shop or repair track at Williamson, West Virginia, where cars are inspected, serviced and repaired. A wrecking outfit and crew are also maintained at Williamson.
This dispute arose as the result of the appointment of a Derrick-Car Engineer at Williamson on December 1, 1957. Derrick-Car Engineer T. E. Oakes retired from service and B. J. Crawford was appointed as Derrick-Car Engineer by Carrier.
In addition to his duties as a Derrick-Car Engineer, T. E. Oakes had for years performed the job of inspecting cars on the shop track. The newly appointed Derrick-Car Engineer was assigned the job of inspecting cars at the Williamson shop track.
The employes contend that the agreement was violated in that a job vacancy existed which should have been bulletined under Rule 17 of the effective Agreement. The employes also rely upon Rule No. 103, the classification of Work Rule.
The Carrier contends that the new Derrick-Car Engineer was properly assigned any duties by his supervisor when he was not occupied with the wrecking outfit. Carrier states that he is considered a "floater."
The Rule which allows Carrier to appoint the Engineer appears to be peculiar to this property. Rule No. 118 reads in part: