,, ,Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
681.6
SECOND DIVISION Docket No.
6667
2-B&OCT-CM-'75
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( System Federation No.
6,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen) .
(
( The Baltimore & Ohio Chicago Terminal Railroad Company
Dispute: Claim of Employes:
1. That the Baltimore and Ohio Chicago Terminal Railroad Company,
hereinafter referred to as the Carrier, violated Rule 12, paragraph
(c) when they failed to bulletin a new job at Forest Hill North
Gate first shift
8:00
a.m. to 4:00 p.m.
2. That the Carrier be ordered to bulletin the new job in compliance
with the Agreement rule No. 12.
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
dis-nute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
On October
5,
1972 Carrier opened the so called North Gate at its
Forest Hill facility. That facility consisted of the North Gate, the
South Gate and the Yard. After Carrier opened the North Gate it advertised
for a Car Inspector to work there on the second shift. However, Carrier
did not bulletin a job on the first shift to cover the work at North Gate.
Instead, Carrier selected a Carman who was working the first shift at
Forest Hill and transported him by truck to the North Gate. Then at the
end of his shift he is transported back to the shop quitting point. it
is the Organization's position that when Carrier opened the North Gate
they created two new Car Inspector jobs. However, they only bulletined
one of these jobs, on the second shift, and their refusal to bulletin
the job on the first shift, they contend, constitutes a violation of Rule
12(c) of the applicable Agreement between the parties.
Form 1
Page 2
Award No. 6816
Docket No.
6667
2-B&OCT-CM-'75
Carrier denies that it has created a new job on the first shift at
North Gate. Rather, they maintain that Carmen may be required to perform
work at any location withinthe Forest Hill facility, and since the first
shift force at Forest Hill was sufficient to cover operations at North
Gate during that shift, Carrier did not establish an additional position
on the first shift. .
Rule 12(c), relied on by the Organization, prescribes how positions
will be bulletined "When new jobs are created or vacancies occur." The
Rule does not require that positions be established, but only applies when
new jobs are created or vacancies occur. Thus, before a violation can be
established in the claim at bar, it must be shown that Carrier created a
new job at North Gate on the first shift, yet refused to bulletin that job
as provided for in Rule 12(c). `"his Board finds that such was not the
case.
The record reveals that the North Gate, South Gate and the Yard are
all within Carrier's Forest Hill facility and comprise one seniority point.
And no provision can be found in the Agreement precluding Carmen from performing work reserved to their craft at any point within this facility.
Furthermore, there is no indication that, the Carmen forces were either
increased or decreased on the first shift at Forest Hill. From the
foregoing, we are persuaded that no new position was created on the first
shift at the North Gate. And since no new job was created, no bulletin
was required, and Rule 12(c) was not violated. All Carrier did was to
rearrange its Carmen on the first shift at Forest Hill consistent with
the Seniority and other Rules of the Agreement. 41e can find no prohibition
in the contract precluding Carrier from taking the action it did and we
shall, therefore, deny the claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By .~. _ _ . G ..
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 18th day of February,
19)75.