Form 1 :NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6618
,,~` SECOND DIVISION Docket No.
Ei509
2-SCL-CM-' ;74
The Second Division consisted of the regular members and in
addition Referee David Dolnick when award was rendered.
( System Federation No. 42, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen) '
(
( Seaboard Coast Line Railroad Co:gpany
Dispute: Claim of Employes:
1. That the Carrier.assigned employees other than Carmen Painters to perfox
Painters' work at Savannah, Georgia running repair track.
2. That the following Carmen Painters, J. M. Faircloth, K. L. Davis, M. W.
Conaway, E. C. Reynolds, and Pete Hardnett, be additionally compensated
eight
(8)
hours' pay at straight time rate for each day, to be divided
equally. The claim is for the following days: June 28, 29, Ju'.Ly 1
through 18, July 22 through 31, 1971, and for all days after August 1,
1971
as a continuous claim as long as said violation continues,.
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.
The claim here is predicated on the basis that since the Claimants were
classified as Carman Painters, who have separate seniority from other Carmen, all worl
consisting of applying "paint remover to all I.D.T.'s, air dates, journal box repairs
dates and scrape the same, then paint out a place for the new dates to be lettered on
all of these cars", belongs exclusively to them and may not be performed by other
Carmen not so classified. This issue, between the same parties, has been adjudicated
by this Board in Award No. 6422.
After discussing Rules 15, 26 and 100 Award No. 6422 held "that there was
no mutual agreement that this work was to be assigned by Carrier solely to painters, i
the exclusion of other Carmen." Carmen other than painters have regularly been assigi
to stenciling and applying automatic Car Identification Modules (ACI) to cars. Furth(
such work is incidental to a Carman's other duties. It is not painting as intended
Jfor those in the Carman Painter classification.
Form 1
Page 2
Award No. E- 618
Docket No.
"5509
2-SCL-CM-'.'l4
Award No. 6267,'while not dealing with an identical claim, did consider
a claim on this property by a Carman-Painter who complained that only he should have
been assigned to paint over ground areas to prevent rust. The Board in that case'helc
"We cannot find that Carman-Painters have a right to all painting work on this properi
We see nothing wrong with the findings in these Awards on this property.
They are here affirmed. .
A WA RD
.Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BY:
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of January, X974.