Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8607
SECOND DIVISION Docket No. 8482
2-SLSY-CM-181
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
Brotherhood Railway Carmen of the United States
Parties to Dispute: and Canada
St. Louis-San Francisco Railway Company
Dispute: Claim of Employes:
1. That the St. Louis-San Francisco Railway Company violated the provision's
of the controlling Agreement and Memorandum of Agreement signed at
Springfield, Missouri, the 8th day of July, 1977, effective July 1, 197'7,
when R. L. Hinkle was improperly demoted to apprentice status on November
2, 1977, and junior promoted apprentices were allowed to remain promoted.
That accordingly the St. Louis-San Francisco Railway Company be ordered to
compensate Carman Apprentice promoted R. L. Hinkle the difference between
apprentice pay of 6.26 per hour and carman welders rate of pay at 7.66
per hour, which is $1.40 per hour continuous until he was placed in line
with his seniority; fifty nine (59) actual working days at $1.40 per hour,
dating from November
3,
1977 through January 24, 1978, or 660.80 based
on five days per week actually worked.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the eniploye 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.
This dispute concerns the demotion of R. J. Hinkle, the Claimant, from the
position of Temmporary Carman to Carmen Apprentice on November 2, 1977. Involved
herein is the Memorandum of Agreement effective July 1, 1977 between the parties
concerning Carmen Apprentices and Carmen Helpers.
Much of the discussion in Award No.
8606
is relevant here and is
incorporated herein by reference.
Paragraph 6(e) of the July 1, 1977 Memorandum of Agreement reads as follows:
"6(e) A list of temporary carmen shall be prepared and
maintained at each seniority point of those apprentices
promoted to mechanics as set forth in paragraph (a)
hereof. Such list of temporary carmen shall show the name
of apprentices promoted in date order and the date promoted."
Form 1
Page 2
Award No.
8607
Docket No.
8482
2-SIrSF-CM-
'81
This Paragraph 6(e) clearly provides that reduction in force shall be governed
by length of service as Temporary Carman rather than seniority as Carmen Apprentice:.
Since the grievant had the least service as Temporary Carman, he was properly
reduced to Carmen Apprentice on November
3, 1977.
For the Organization to argue
that Carmen Apprentice seniority should. be used for demotion purposes from Temporary
Carmen is to ignore the specific and precise provisions of the overriding
Memorandum of Agreement.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
By
A~
v
_ emarie Brasch - Administrative Assistant
Dated Vrt Chicago, Illinois, this 21st day of January,
1981.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division