Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8599
SECOND DIVISION Docket No.
773'
2-CR-EW-'81
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( International Brotherhood of Electrical Workers
(
Parties to Dispute:
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under current agreement the carrier improperly placed Leonard
Glista and Joseph Franko, Jr. on the electrician roster which includes
the former Erie Lackawanna Brier Hill Shops, and improperly awarded the
aforementioned employes positions as electrical workers at the Brier
Hill Shops following a thirty-day period of employment there at helper's
rate of pay which began on October 23,
1976
for Glista and November
13,
1976
for Franko, Jr.
2. That accordingly the carrier be ordered to remove Leonard Glista and
Joseph Franko, Jr. from the aforementioned electrician and to pay to
each of the claimants listed below at the-Brier Hill Shops eight hours'
pay at time and one-half the current electrician rate for each and
every day the aforementioned employes are improperly employed as
electrical workers.
The named claimants are:
Eiesman, F. W.
Romandetti, C.
Holloway, G. E.
Terzo, D. E.
Marts, S. W.
Moyer, A. L.
Hurd, R. R.
Brainard, G. L.
Carr, R. L.
Lowry, Jr., J. L.
Bell, J. R.
Stock, C. J.
Douglas, T. G.
Gay, R.
Crowley 3RD, P. M.
Pavlock, T.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No.
8599
Page 2 Docket No.
7732
2-CR-EW-181
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 bases this claim on the application of the qualification
Rule No.
73
of the agreement entered into by the organization on the former
Erie-Lackawanna Railroad.
The carrier maintains that its actions of working the employees, Glista and
Franko, on electrical worker positions and placing them on the Electrician's
Roster after thirty (30) days' work as electrician trainees were supported by
Article VII B-1 of the March 11,
1976,
Implementing Agreement.
The question of whether the Qualification Rule of .the Erie-Lackawanna Agreement
or the March 11,
1976,
Implementing Agreement governs was considered by Public Law
Board No. 2217 in Case No. 1, Award No. 1 which matter was between Conrail, as
successors to the former Erie-Lackawanna Railroad, and the International Association
of Machinists and Aerospace Workers. We believe the decision of that Board
correctly resolves the issue. Said Award reads in pertinent part as follows:
"The Carrier concedes that on certain of the former railroads
which now comprise Conrail (such as the Erie Lackawanna), it
was necessary that employees serve stipulated periods of
apprenticeship; whereas on other carriers,_employees acquired
seniority when assigned to a position. Because of that
disparity, Carrier urges that the disparate practices could
not be allowed to continue after the creation of Consolidated
Rail Corporation and the March,
1976
Agreement was negotiated
in conformance with statutory requirements so as to supersede
the prior Erie-Lackawanna requirements.
It is incumbent upon this Board to determine if the prior Erie
Lackawanna agreements were superseded by the
1976
Agreement and,
absent agreement as to the parties' intent, we do so based upon
a review of the evidence of record which is properly before us.
Article VII states the parties' agreement that certain rules
contained in the body of that document specifically supersede
provisions of the former railroad agreements with respect
to '... award of positions and seniority, ...'
Thereafter, the agreement states (inB-1(a)), that seniority
of mechanics will date from the first day employed as a
mechanic provided the employees qualify on such positions.
Paragraph (b) refers to seniority of helpers and Paragraph
(c) refers to employees entering the mechanic's class without
F orm 1
Page
3
Award No.
8599
Docket -No.
.732
2-CR-Ew-'8:k
"such seniority. Thus there is a strong indication to us
that the parties intended that the
1976
Agreement supersede
the prior Erie-Lackawanna Agreement in this regard. Moreover, Article 1V of the
1976
Agreement further reinforces
that conclusion."
Our adoption of the reasoning applied in that Award to the instant case compels
us to deny the claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Ordet of Second Division
/~semarie Brasch - Administrative Assistant
Dated( at Chicago, Illinois, this 21st day of January,
1981.