Form 1
Parties to Dispute:-
Dispute: Claim of Fn,.ployes:

NATIONAL RAILROAD ADJUS`T'MENT BOARD

SECOND DIVISION


The Second Division consisted of the regular members and in addition Referee Robert A. Franden when award was rendered.

Award No, 8011

Docket No. 7709

2-SCL-CM-179


( System Federation No. 42, Railway Employer'
 ( Department, A. F. of L. - C. I. 0.
 ( (Carmen)

 ( Seaboard Coast Line Railroad Company

 1. That the Seaboard Coast Line Railroad Compares violated Rules 15,


That accordingly, tile following Carmen be compensated eight (8) hours at tl-:ne and one-half (1 1/2) the Carnien freight repair rate f or Carmen's work pez "ormed by the Helpers on the date claimed:

 2.

W.

C. B. W. R. C.


CLAIMANTS
 Middleton
 Middleton
 Pridgen
 Pxidgen
 Boyd
 Boyd & C. G. Lockany
 Middleton & W. M. Fridgen
 Harrel 2 & P. W. Ingrain
 Ingrain & C . G . Lackamy
 Harrell & D. R. Best
 Best & W. E. Gay
 Gay & C.G. Locka?~y
 Harrell
 Middleton & W. M. Pridgen
 LockanW & F. D. Boyd
 Middleton & W. M. Pridgen
 Harrell & D. R. Best
 Ingram & F. D. R. Boyd
 Lockamy & W. C. Harrell
 Pridgen
 Middleton
 Harrell
 Lew-is
 Lewis
 Best & F. D. Boyd
 Lockamy

B. N. 23 . N. W. M. W. M. F. D. F. D. B. Td. W. C. R. W. W. C. D. R. W. E.


C.

 B. N.

G. N. C. W

G.

W. M. B. N. W. C. R. C

R. C. D. R. C. G.


R. C Lewis & W. E. Gay W. E. Gay & R. W. Ingrain R. W. Ingrain & D. R Best

Form I Award No. 8011
 Page 2 Docket No. 7709
 2-SCL-CM-'79

 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 axe respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustn7ent Board has jurisdiction over the dispute involved herein.

This is a claim based upon the alleged .performance of Carmers' N ~^iork by Carmen's 3ielpers (re-wheeling cars) in violation of the agreement between the parties; Rules 15, ?_6 and 100.























Form 1 Award No. 8011
 Page 3 Docket No. 7709
 2-SCL-CM-179
 "(b ) Seniority lists will be posted on bulletin boards,
 which are .provided for in this agreement, as soon as
 possible after January 1 each year, and will be considered
 permanently established if not protested during the year in
 which the roster is posted. Seniority dates not protested
 then become the fixed seniority for each man on the roster
 and will be carried forward to succeeding rosters. Only
 changes or additions as may have been made during the
 ,preceding year may be .protested. Neither the Management
 nor the Comxnitte es Will. receive any complaints for
 correction of seniority dates which are not handled
 during the year in which the roster is posted. Conies of
 the seniority lists will be faxn-Ished the Local Chairmen
 and General Chairmen at the time of posting an bulletin
 boards.
 (c) Senior men :m their respective classifications shall
 have the opportunity to exercise their seniority when
 vacancies occur, or new jobs are created, or when changes
 in forces occur involving :increased hoa.x·s, higher rates of
 pay, ox changing from night to day shifts or vice versa. Due
 consideration will be given men off or. sick leave, vacation
 or leave of absence upon their return to work.
 (d) When any changes according to paragraph 'c' are to be
 made, bulletins z~rill be posted immediately calling for bids,
 such bulletins to remain open for a period of five days.
 Employees desiring to bid on such jobs must do so within
 five days' limit by making application to the Foreman in
 writing and give a duplicate copy of such application to
 the Local Chairman and failure to comply -writh this provision
 will forfeit the claim of any bidder. If no bids are
 received w:i.thin the five day limit, the senior unassigned
 man will be placed on the job. Permanent assignment will
 be made immediately after the five day limit.
 NOTE: Bids received from employees for positions
 advertised within the department in which
 employed will be accepted, provided the primary
 duties of the vacancy are not identical to those
 of the position presently held by 'she bidder.
 (e) The practice of exercising seniority to displace
 junior employees by 'ROLhE1TG' or 'BUMPING' is not
 permitted; however, an employee whose job is abolished,
 or Vao may be displaced by other causes, will be
 permitted to exercise seniority on any job occupied by
 a junior employee on his seniority list.
 Form 1 Award No. 803a
 Page 4 Docket No. 7709
 2-SCL-CM-'79
 "(f) Acceptance of work at other shop points or at the
 same point where more than one roster is maintained
 between the tune of layoff and being called back into
 the service at home seniority point, will not impair an
 employee's seniority standing. If an employee makes the
 transfer permanent he will be dated as a new man from the
 day he started to work at the new seniority point of
 emplo;ynnent.
 (g) Permanent vacancies or new positions created at
 outlying points shall be filled from the seniority roster
 at that point under Paragraphs 'c' and 'd' of this rule.
 If such roster is exhausted bulletins wJi'11 be posted on
 the division under the jurisdiction of the Master Mechanic
 and f illed under Paragraphs ' c' and ' d' of this z ule . Men
 so assigned ~f~11 lose their seni_o;.it;T at the pov_rkt they
 leave after thirty days and, their seniority at the poa.nt
 to which transferred.
 (h) xechaW cs and helpers of each craft shall have
 separate seniority. Helpers .promoted to mechanics shall
 cease to hold seniority as helpers: (inachi.nists and
 boil ermalcers cra,ft from Jul~r 1, 1938; si_eot metal vrorker,
 s,
 car!nen, electricians and blacksmiths from November 11, 1940)
 except that mechanics, helpers and electric crane operators
 who prior to these dates held seniority both as mechanics,
 helpers and electric crane operators, will continue to
 hold such dual seniority and may exercise same in the event
 of reduction or iusrease in force, only at the point where
 such dual seniority was acquired prior to the above dates.
 (i) Seniority as mentioned in arty of the rules of this
 agreement will govern when the employees desire to exercise
 such rights. If sufficient ability is shown by trial, senior
 applicants for vacancies or new positions shall be assigned.
 (j) Seniority of employees will terminate and they shall
 be retired from the service on the last day of the calendar
 month in which they attain the age of 70, or on IN:arch 1,
 1966, whichever is later, and the provisions of this
 agreement, other than this paragraph, shall automatically
 terminate as to each such employee on such day."
 "RULE 26 - ASSIGNMENT OF WORK
 (a) None but mechanics or apprentices regularly employed
 as such shall do mechanics` work as per special rules of
 each craft, except foremen at points where no mechanics
 are employed.

Form 1 Award No. 8011
 Page 5 Docket No. 7709
 2-SCL-CM-179
 "(b) This rule does not prohibit foremen in the exercise of
 their duties to perform work.
 (c) At points where there is not sufficient work to
 justify employing a mechanic of each craft, the mechanic
 or mechanics employed at such points will, so far as
 they are capable of doing so, perform the work of any
 craft that it may be necessary to have oarformed,
 (d) Helpers when used in any way in connection with
 mechanics' work shall in all cases work under the orders
 of the mechanic, both under the direction of the Foreman."
 "RULE, 100 - CLaS S TF TC 4T 10IN OF WORK
 (a) Carmen's vrork shall consist of building, maintaining,
 dismantling (except all-wood freight--train cass), painting,
 upholstering and inspec t-itl`; all passenger and ix~eight cars,
 both 'wood and steel, .plan:in.g m:i.l1, cabinet and bench
 carpenter work, pattern and flask making, and. all. other
 carpenter work :i_n shops and yards, except work generally
 recognized as bridge and building de,pa~tment worr>; carizlen's
 work in building and repairing motor cars. level cars, hand
 cars and station trucks; building, repairing, and removing
 and applying wooden locomotive cabs, pilots, ,pilot beams,
 running boards, foot and headlight boards; tender frames
 and trucks; ,pipe and inspection work in connection with hand
 forges and heating torches in connection with carmen's
 work; painting, varnishing, surfacing, decorating, lettering,
 cutting of stencils and removing .paint (not including use
 of sand blast machine or removing vats); all other work
 generally recognized as painters' work under the supervision
 of the locomotive and car departments, except the application
 of blacking to fire and smoke boxes of locomotives in engine
 houses; joint car inspectors, car inspectors, write-up men,
 wreck derrick engineer and firemen, safety appliance and
 train car repairers; all steam and mechanically operated
 cranes on rails, except overhead electric cranes; oxy
 acetylene, thermit and electric welding on work generally
 recognized as carmen's work as provided in Rule 27; and
 all other work generally recognized as carmen's work.
 (b) The above classification of work is designed to define
 the work of Carmen's craft, set out in Paragraph 'a', Rule
 15. In consolidation of the classification of work for each
 class of Carmen's work in one rule, it is not the intent or
 purpose to change the established rate of pay of any
 employee."
 Form 1 Award No. 8011
 Page 6 Docket No. 7709
 2-SCL-CM-' 79

 The carrier has taken the position that it knows~of no carmen's work performed by helpers and further that if such work was so performed it was not ,performed pursuant to the instructions of the carrier.

 Various awards of this Board have upheld the contention of t.ze organization that the work in question is Carmen's ;%rork which cannot be performed by Carmen's helpers. See awards 1+86, 1273 and 6187.

 The carrier and the organization have both filed statements supporting their positions, which statements were incorporated in the exhibits to the submissions. Based on a thorough review of the record, we have come to the conclusion that the organization has met the burden of showing by a preponderance of.' the evidence that the Carmen helpers did perform Carmen's work as alleged.

 We will sustain the claim, but at the pro rata rate rather than the overtime rate.

    Claim sustained in accordance with this opinion.


                          NATIONAL FtAIMOU ADJUS`CY,---TM'1' BOARD

                          By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

 ~R semarie Branch - Administrative Assistant

 Dated at Chicago, Illinois, this 25th day of July, 1979·