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F--m 1 NATIONAL RAILROAD ADJUSTMENT HOARD Award No.
6524
SECOND DIVISION Docket No.
6396
2-N&W-SM-'73
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 16, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Sheet Metal Workers)
(
( Norfolk and Western Railway Compawr
Dispute: Claim of Employes:
1. That Moulder J. C. Jones was improperly compensated when
changed from the first shift to the third shift on June
14,
1971,
and on the change from the third to the first shift
on June 21,
1971.
2. That Moulder J. C. Jones be additionally compensated in
the amount of four
(4)
hours for services on June
14, 1971,
and June 21,
1971.
zd s;
The Second Division of the AdjusT.ment 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 nas jurisdiction over the
dispute involved herein.
Parties to said dispuze waived right of appearance at hearing
thereon.
This claim is based on an alleged violation
of
Rule 13 which
reads as follows;
"RULE N0.
.0
- OVERTIME CHANGING SHITS
Employees changed from one shift to another will
be paid overtime rates for first snifL, of each
change. Employees-working two snifts or more
on a new sniY6 shall be considered transferred.
Employees shall receive straight-time rate
when shifts are exchanged at the request of
employees involved; where employees are transferred from one shift to another as a result
of bidding in a new job or vacancy provided
for in Rule 17; where employees displaced by
employees older in seniority are forced into
a new shift, where employees are changed from
Form 1 Award No.
6524
Page 2 Docket No.
6396
2-NSW-SM-'
73
one shift to another to fill vacancy or new job
account being the youngest employee in seniority, or
where a man is assigned to a regular relief job re
quiring the performance of work on different shifts."
There is no dispute as to the facts. Moulder J. C. Jones was
changed from the first shift to the third shift on June
14, 1971
and changed
back to his regular first shift position on June 21,
1971.
It is the position of the Carrier that the shift change falls under
the following provision of Rule 13 (emphasis supplied.
"Employees shall receive straight time rate when shifts
are exchanged at the request of employees involved;
where employees are transferred from one shift to
another as a result of bidding in a new job or vacancy
provided for in Rule 17, where employees displaced by
employees older in seniority are forced into a new
shift, where employees are changed from one shift to
another to fill vacancy or new job account being the
youngest in seniority, or where a man is assigned to
a regular relief job requiring the performance of
work on different shifts."
I
Throughout the handling on the property the Carrier has maintained
that while there were junior men on Moulder's roster none was. qualified as a
steel pourer. The organization does not speak to the issue of qualifications
until its rebuttal. Yet even there we find no positive assertion that the
junior men were qualified.
Implicit in the use of the seniority system in assigning jobs is
the issue of fitness and ability. Had the issue of the qualifications of the
junior men been properly put at issue it would have been encumbent on Carrier
to support its use of Claimant. In view of the record, however, we are unable
to concur in the organization's claim that the agreement has been violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMM BOARD
$y Order of Second Division
Attest:-
C~sty
Ececutive Secretary
Dated at Chicago, Illinois, this 18th day of June,
1973.
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