Form 1 NATIONAL RAILROAD AD.TJSTML;NT BOARD Award No. 7354
SECOND DIVISION . Docket
NO.
7237
2-LT-USWA-' 77
The Second Division consisted cif the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( United Steelworkers of America
( A. F. of L. - C. I. 0.
Parties to Disizte:
( The Lake Terminal Railroad Company
pis te: ,Claim of Employes:
(1) That the current Agreement specifically Rule.
16(e)l,
when the
Carrier used a Car *aixitian-Crane Operator,' to oil journal boxes
on bad order-ears on repair tracks
609
and
609A;
on January 1,
1976. _ _ .:,_. .-., . .
(2) That, accordiagly, the Carrier be ordered to compensate Car
Repairman,Helper, H. Messer,
#1478,
twelve (12) hours pay at the
Helper's rate in addition to all other earnings, as penalty fox
the instant violation. Mr. Messer was qualified, willing and
available to perform the work in question.
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 waived right of appearance at hearing thereon.
A Car Repairman Helper claims pay because a Crane Operator & Car
Repairman (a journeyman mechanic of the Carmen craft) oiled journal boxes
on bad order cars on a holiday when Car Repairman Helpers were scheduled
off duty.
The record shows that Car Repairman Helpers regularly oil journal boxes,but nothing in Rule 16 (Car Department Special Rules) precludes the use of
a journeyman mechanic to do any of the duties assigned to a Helper. The
language of the applicable agreement, and many numerous previous awards,
establishes the right of the Carrier to have a journeyman perform duties
performed by a helper, even if the reverse is not true; indeed, this
concept is logical in the relationship of one who helps to a worker being
assisted.
Form 1 Award ^lo. 7354
Page 2 Docket
1"00
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
Ros r e Brasch - Administrative Assistant
Dated at Chicago, Illinois, this
23rd doy of September, 1977.