Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7275
SECOND DIVISION Docket No. 7139
2-PATH-CM-'77
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada (Carmen)
Panties to Dispute:
( Port Authority Trans-Hudson Corporation
Dispute: Claim of Employes:
1. That under the current agreement, the Carrier assigned other than
Car Repairmen to modify the equipment by drilling holes in order
to place town plaques in each car.
2. That accordingly, the Carrier be ordered to compensate Car Repairman
C. Falkenstein twenty-four hours pay at the premium rate of pay
because of this violation.
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 were given due notice of hearing thereon.
As a means of furthering its public relations and to honor the various
communities it serves, Carrier decided in 1974 to affix a plaque bearing the
name of the community on each of its passenger cars. A ceremony was held in
each of the communities in connection with the affixing of the plaque.
Initially the plaques were affixed by Car Inspectors by means of adhesive
backing, but Carrier decided to affix them by means of screws after many
of the plaques disappeared because of vandals or souvenir hunters. Carrier
utilized Car Inspectors to perform the work which consisted of measuring,
drilling holes into the passenger cars and putting the plaques securely
into place by the use of screws.
Claimant, a Car Repairman, contends that this work belonged to Car
Repairmen because the work involved building onto or modifying passenger
cars. Carrier asserts that the use of Car Inspectors was proper either
because it was "servicing" of a car which is work belonging to Car Inspectors,
or that the work wasn't exclusively reserved to any craft or class.
Form 1
Page 2
Award No.
7275
Docket No. 7139
2-PATH-CM-'77
It is difficult to perceive of this work as Car Inspector "servicing;"
and it is equally difficult to perceive of this work as the "building or
modifying of passenger cars" reserved to Car Repairmen.
The Board is constrained to find that it is neither, and that it falls
into a category of unique and new work that was not contemplated by any of
the parties at the time the jurisdictional and scope rules were written.
The Board finds Second Division Award No. 6150 to be analogous:
"Carrier maintains that the application of the ACI labels
to freight cars is new work, and cannot have been within
the contemplation of the parties when the collective
bargaining agreement was signed. To be sure, the work
involved does consist of some painting and other related
work generally associated with that of a painter. However,
this is not the principle part of the work performed, a
substantial portion of which would, from our reading of
the description of the process used, is work not generally
associated with that of a painter. It is new work
developed in the late 1960's. Carrier, except insofar
as it limited itself by law ox agreements, has great
latitude in the assignment of new work. It has exercised
its managerial prerogatives, and since there is no rule
or agreement which requires Carrier to assign this work
to Carmen painters or any other class or craft of shop
craft employe, we must of necessity issue a denial
award."
Claim denied.
A W A R D
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
semarie Brasch - Adminis rative Assistant
Dated at Chicago, Illinois, this 5th day of April, 1977.