Form 1 NATIONAL P.AILROAD ADJUSTi4= BOARD Award No. 7231
SECOND DIVISION Docket No. 7087
2-PCT-MA-t77
The Second Division. consisted of the reg~.ar members and in
addition Referee C. Robert Roadley when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Disr~ute:
(
( Penn Central Transportation Company
Dispute: Claim of '-E'mployes:
1. That the Carrier violated the Controlling Agreement when it failed
to apply the provisions of Rule 2-A-1(e), fourth paragraph, in the
handling of a vacancy occurring in the Machinist position on
August
6, 1973.
2. That the Carrier be required to compensate the designated Claimant
for three (3) hours pay at the Grade "E" rate for August 6, 1973.
Findings:
The Second Division, of the Adjustment Board, upon the whole record and
all the evidence, f'_ads 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 facts of the matter before us are not in dispute. The Claimant was
used on other than his own regular position or, the date claimed. The vacancy
which was thus filled by Claimant was caused by the one day absence due to
sickness of Machinist Lebo. The Claimant worked the other position for more
than four
(4)
hours.
Petitioner avers that Rule 2-A-1 (e), fourth paragraph, of the Schedule
Agreement, controls; the Carrier avers that the provisions of Article 13 of
the "Supplemental Sickness Benefit Agreement", effective July 31, 1973, is
controlling in the disposition of this claim.
The Schedule .greement, as amended October 15, 1960, Rule 2-A-1-e,
last paragraph, states as follows:
Form 1 Award No. 7231
Page 2 Docket Into. 7087
2-PCT-MA-t77
"Except as provided in Transport Workers Regulation 2-A-4
(Rule 2-A-5 for System Federation), an employee moved from
one position to another on the same shift, at the instance of
Management, will receive an additional three
(3)
hours` pay at
the straight time rate of the regular position he holds for each
day he is required to work on another position."
Article 13, of the Supplemental Sickness Benefit Agreement, states in
pertinent part:
"Blanking Jobs and Realigning Forces. Any restrictions
against blanking jobs or realigning forces will not be
applicable in situations in which an employee whose job is'
blanked or is covered by a realignment of forces is absent
because of a disability.
Petitioner has stated that Rule 2-A-1-a is a permissive rule and not a
penalty rule. The Rule requires that if the management elects to move an
employee under applicable circumstances the management will pay an additional
three
(3)
hours pay. Management could, obviously, avoid this additional
payment by merely blanking the job involved, it is their option. Certainly
the payment of the three
(3)
hours is a restriction against unilateral management action; if management chooses to move an employee management pays. The
Carrier freely acknowledged that in the absence of referred to Article
13
the subject claim would be payable.
In defense of his position that the Supplemental Sickness Benefit Agreement
has no application to this dispute, Petitioner has stated, "Claimant was not
sick or disabled, therefore does not come under~the provisions of the
Supplemental Sickness Benefit Agreement." The physical condition of the
Claimant in this dispute has no bearing whatsoever! Nor is there any limiting
language in Article
13
to the effect that an employee absent due to disability
must be qualified to receive benefits.
The language of Article
13
appears to the Board to be clear and
unambiguous, and its application to the subject dispute is equally clear.
Simply stated, an employee was absent due to disability (sick), his job was
covered for the one day of absence by the claimant (a one day realignment
of forces), therefore any restrictions against such realig=ent are not
applicable under these circumstances.
Carrier has cited Award No. 1, SBA No.
836,
involving the same carrier,
the same Agreement provisions, but a different Organization. The issue in
that dispute was decided in favor of the Carrier and we see no reason to
depart from that determination and the principles recited therein. We will
deny the claim.
Claim denied.
Form 1
Page 3
Award No. 7231
Docket No. 7087
2-PCT-MA-'77
NATIONAL RAILROAD ADJUST HE-ITT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By .~iR...t~··~.~
.s
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of March,
1977.