(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMM BOARD Award No.
6536
SECCND DIVISION Docket No. 6354
2-N&W-CM-'
73
The Second Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
( System Federation No. 16, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Norfolk and Western Railway Company violated the
Agreement when they assigned Apprentice C. R. Wilburn on
October
7, 8, 9,
and 12, 1970, to fill the advertised
temporary vacancy created by C. W. Lybrook, Carman,, who
was rated to temporary gang leader.
2. That accordingly the Norfolk and Western Railway Company
compensate Carman R. D. Curnutte, sixteen (16) hours at
the punitive rate, for the respective dated of October 7
and
8, 1970.
Carman W. D. Thompson eight
(8)
at the
punitive rate for October 9, 1970. Carman R. H. Bradford,
eight
(8)
hours at the punitive rate for October 12,
1970.
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 emmpployes 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.
Car Department employees work in three localities at the Carrier's
Portsmouth, Ohio facilities; Transportation Yard, B Yard and Back Shop. On
October 7, 1970 a temporary vacancy for a carman 3n the B Yard was advertised.
Petitioner alleges that an apprentice was used to fill this vacancy for four
days. It is further stated (and agreed to by Carrier) that the long standing
practice had been to fill such temporary vacancies with the youngest carman in
the same class in the same seniority district in order to avoid premium payments.
The organization specifically alleges violations of Rules 11(e), 13,
17 and 102 of the Agreement by the use of the apprentice instead of a carman for
the temporary vacancy. Rule i-f3(e) deals with t he creation of relief assignments;
Form 1 Award No. 6536
Page 2 Docket No.
6354
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73
Rule 13 provides for overtime payments for employees changing from one shift to
another; Rule 17 deals with posting vacancies for five days before they are filled
permanently; Rule 102 defines a
carmpn
as an employee who was completed a four
year apprenticeship., or the equivalent. We do not find that these rules support
Petitioner's allegations.
With respect to the events in question, Carrier denies that the
apprentice filled a carman's temporary vacancy and insists that it was common
practice to supplement the work force in the B Yard with personnel from the
Back
Shop., including apprentices, dependent on the variable work requirements. The
Organization has submitted no evidence that the apprentice in fact filled the
posted temporary vacancy.
We are aware of the long standing controversy (throughout industry)
on the subject of apprentices performing journeymen's functions. In this case
the record does not support., with proof., such an allegation. Further., as we
have said on many occasions, we cannot sustain a claim that
has
no support in
rule or in established practice (see for instance Award
5689).
AWARD
Claim denied.
NATICNAL RAILROAD ADJUSTMENT
BOARD.
By Order of Second Division
A
.~
Attest:
~ l C.
~~r-~ ~`-
Executive Secretary.
Dated at Chicago, Illinois, this
26th
day of June,
1973.
s