Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8521
SECOND DIVISICN Docket No.
8471
2-D&RGW-FO-'80
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Denver and Rio Grande Western Railroad Company
Dispute: Claim of Employes:
1. Under the current controlling Agreements, The Denver and Rio Grande
Western Railroad improperly compensated Messrs. P. F. Lucero and A.
Franco, laborers, Denver, Colorado, when arbitrarily denying them the
right to work as inside hostler helpers.
2. That, accordingly, The Denver and Rio Grande Western Railroad Company
be ordered to compensate Messrs. P. F. Lucero and A. Franco the difference
in pay for the inside hostler helper and that of laborer, as requested
in letter dated April 25,
1978.
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.
The Organization claims that the Carrier "arbitrarily transferred" the work
of Inside Hostler Helper to employees not represented by the Organization, in
violation of the scope rule, Rule 1. This rule, in principal part, simply lists
a number of positions, among which is:
"22. Hostler Attendants (Inside Hostler Helpers)"
The scope rule does not define the job duties of this or any other work
classification, nor does the Organization refer to any portion of the applicable
agreement where such definition of work may be found.
The claim is vague as to how and when the Carrier may have "transferred"
work. Without contradiction, the Carrier points out that the work of assisting;
hostlers is not confined to employes in the Firemen & Oilers bargaining unit and
that no change in work assignment as suggested by the Organization has in fact
occurred. The Carrier also points out, again without contradiction, that any
claim for difference in pay is inappropriate in view of the fact that the pay rates
of the Claimants as Laborers is identical to that of the pay rate for Inside
Hostler Helpers.
Form I Award No.
8521
Page 2 Docket No.
8471
2-D&RGW-FO-'80
The claim fails to identify properly the work in question and further offers
the Board no basis to find that such work belongs exclusively to the Firemen &
Oilers or that, in fact, there has been any change in long-standing practice of
the assignment of the work. The Board has searched in vain for the specific basis
of the claim and must thus find it without merit.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By _r
~'1~.d
emarie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 3rd day of December,
1980.