Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7329
SECOND DIVISION Docket No. 7199
2-AT&SF-Ew-·77
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 97, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute;
( (Electrical Workers)
(
( Atchison, Topeka & Santa Fe Railway Company
Dispute: Claim of Employes:
That the Carrier erred and violated the provisions of Rule 17 of
the August 1, 19+5 Agreement when they assigned men from Crafts other
than the Electrical Workers, to exercise supervision over the Shop
Extension Electricians on the Coast Lines Grand Division.
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 28, 197+ the carrier removed the shop extension electrical
workers from the direction and supervision of a foreman who was a qualified
electrician. The supervision of the shop extension electrical workers was
assigned to the B & B General Foreman and his assistants. The organization
filed a grievance on behalf of the electrical workers alleging that the change
in supervision violated the agreement. No monetary claim was filed. There
is no specific relief requested in the claim or submission as presented to
this Board. We can assume that a declaration as to whether the carrier's
actions are violative of the agreement is what is requested. On the property
the organization asked the carrier to rescind the instructions.
The organization argues that the carrier reassigned the foreman who
was supervising the shop extension electrical workers and filled the vacancy
left by him with the B & B General Foreman. They argue that in that the
filling of vacancies of foremen is governed by Rule 17, the carrier was bound
by its terms and hence violated the agreement. Rule 17 reads as follows:
Form 1
Page 2
Award No. 7328
Docket No. 7199
2-AT&SF-EW-'77
"(a) Mechanics holding seniority under this Agreement and
in service of the railway company in arty capacity will be
given preference for promotion to positions of Gang Foremen
and Foremen. In filling such positions, employes selected
will be from the respective crafts of the employes over which
they will exercise supervision.
(b) Employes promoted to positions of Gang Foremen and
Foremen under this rule will retain seniority in the craft
and at the point from which promoted.
(c) Technical school graduates in service holding degrees
in Mechanical or Electrical Engineering will be eligible
fox assignment as Gang Foreman or Foreman."
The B & B General Foreman does not possess the qualifications set out
in the rule.
Crucial to the organization's position is a showing that the carrier's
actions come within the purview of Rule 17. The carrier must be filling a
position of Gang Foreman or Foreman for the rule to apply. This the carrier
did not do. The carrier reassigned the supervisory responsibility for the
shop extension workers who along with other crafts are engaged in an
interdisciplinary effort under the supervision and coordination of the B &B
General Foreman. The carrier is well within its rights to reorganize the
administration of work performed by its employes m long as that right has
not been bargained away. Rule 17 does not say that the shop extension
workers will be only supervised by personnel meeting the requirements set
out in that rule. It says that when a position of Gang Foreman or Foreman
is being filled the rule will be followed.
i
Accordingly, the claim is found to be without merit.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
~osemarie Brasch - Administrative Assistant
Date/d at Chicago, Illinois, this 12th day of July, 1g77.