Forth 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7306
SECOND DIVISION Docket No. 715+
2-B&O-MA-'77
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
( Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
1. That under the controlling Agreement as amended, the Baltimore
and Ohio Railroad Company, damaged Machinists Willis Korenoski and
Peter Korenoski, when they assigned Maintenance of Way Employes
to remove and install diesel engine in Crane X 212, at the
Glenwood Car Yard on date of July 13 and 14 (Saturday and Sunday)
1974.
2. That accordingly the Baltimore and Ohio Railroad Company, be
ordered to compensate Machinists Willis Korenoski and Peter
Korenoski eight
(8)
hours pay at time and one half rate each for
said 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,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On July 13th and 14th,
197+,
two Maintenance of Way (M of W) Equipment
Repairmen, members of the Machinists Organization, reinstalled an engine in
M of W Crane X-212 while it was located in the Glenwood Yard, at Pittsburgh,
Pennsylvania.
The Organization contends that repair of any equipment in the Car Yard
which is covered under the Machinists Classification of Work Rule must be
performed by Machinists whose names appear on the Glenwood Locomotive Shop
Seniority roster, that is Seniority Point
6.
(Employes Submission, p.4.)
The Organization contends (Employes Rebuttal, p.7) that Machinists from
another seniority .point, in this case Machinists from the Pittsburgh Western
Sub-Division, were assigned to make repairs on M of W equipment within the
confines of another seniority point.
.. _ _
Form 1
T-.rd
No.
~-,.,
Page 2 Docket No. 71~U
5), 2-B&O-MA-'77
The Carrier contends that the Claim was altered and that it therefore
should be dismissed.
We
disagree and find that this contention J-s w" ',')ou+,
merit.
The Carrier contends that the Glenwood Yard is part of Pittsburgh WesT:..ex-r
Sub-Division of the M of W Department and that any work performed by :rvi of
W Equipment Repairmen (Machinists) while such equipment is located in the
yard. The Carrier contends that the Machinists employed in the M of W
Department have their Seniority confined to the Pittsburgh Western SubDivision and the Carrier asserts that Glenwood Yard is within the confines
of the Pittsburgh Western Sub-Division. The Carrier agrees that when M of W
equipment is taken into the Glenwood Shop, repair work therein, accrues to
Mechanical Department Machinists.
Thus we have the Organization contending that the work in question was
improperly performed within the Mechanical Department's seniority point and
the Carrier contending that the work was properly performed wlth'.n the
Maintenance of Way Department seniority division. The Mechanical Department
Machinists have "point seniority" rights and the M of W Department Machinists
have "division seniority" rights.
The Organization contends in its Submission that, like Carmen, Machinists
cover the entire yard. The Carrier disagrees (Carrier's Rebuttal,
p.4).
The Carrier points to the past application of Rule 28 as it pertains
to M of W Machinists performing repairs on M of W equipment in the Glenwood
Yard. The Carrier asserts that when a claim arose concerning work performed
on Crane X-212 in the Glenwood Yard in April
1965,
the Claim was settled on
the basis that an equipment operator assisted the equipment repairman making
the repairs. The Carrier points out that the settlement of the claim, which
was accepted by the Organizatioru stated:
"... there is no valid basis for claim for the work in
question .performed by an employee holding rights as a
Motor Car Repairman or Work Equipment Repairman in
the M of W Department and represented by the Machinists'
craft."
The Organization counters in its Rebuttal p. 8 that the facts at that point
in time
1965
cannot fully be determined. But "effective October
1972,
it
became a different ballgame, due to the fact that the area covered by
Seniority Point 7 has been incorporated into Seniority Point
6",
which now
covers the entire Glenwood `cards. The Organization asserts on page
5
of,
its Rebuttal that while formerly there had been a grey area, with the merger
of Point
7
into Point
6
the whole area in and around the Glenwood Back Shop
is under the Mechanical Department Seniority Point. The Board notes concerning
this contention by the Organization that a new era existed after October 1972
with the elimination of the former grey area and resulting in the Point
covering the entire Glenwood Yards, that it was never raised in the -.wool
correspondence on the property, nor was it presented in its Submission to the
Form 1
Page 3
Award No. 7306
Docket No. 715
2-B&o-MA-'77
Hoard. The Board therefore is without the benefit of the Carrier's assessrnt
of these assertions.
The Organization has the burden of proof in the instant case. And
i.Z-. .
Well
settled that this Board does not resolve conflicts in evidence.
Fundamental to the Organization's case must be proof that the work in question
was improperly assigned to the M of W Machinists. The Organization's evidence
does not overcome the Carrier's evidence, thus, we cannot find from the
entirety of the record before us that the Equipment Repairmen (Machinists)
of the M of W Department who performed the Machinists work on the M of W
crane in the Glenwood Yard on July 13 and 14, 197+, were not within the
confines of their M of W seniority division, that being the Pittsburgh
Western Sub.-Division. We must deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY __
"Ztc~semarie Brasch
T
Administrative Assistant
Dated at Chicago, Illinois, this 5th day of July,
1977
-.MOO
-400,
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