Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No.
8608
SECOND DIVISION Docket No.
8543
2-MP-CM-'81
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 .tQ:.Dispute : and Canada
Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Rule
25
of the
controlling Agreement and Memorandum Agreement of May
22, 1968,
at
Sedalia, Missouri, December
18, 27
and
29, 1978,
when they used otier
than those with exclusive rights to perform painting. work at their
Sedalia, Missouri shop.
2.
That the Missouri Pacific Railroad Company be ordered to compensate
Painter W. H. Hill in the amount of twenty-four
(24)
hours at the punitive
rate and Painter E. Burnett in the amount of sixteen
(16)
hours at the
punitive rate for their violation of exclusi·re rights to painting.
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.
Claimants are two of the three Carmen Painters assigned to the Carrier'3
Sedalia, Missouri Shop. Claimants are covered, with other Carmen, under a
randum
of Agrabsent
dated May 22,
1968
which provides for certain consol-Ldation
of various Carmen sub-groups. The relevant portions of the Memorandum of Ag-reeaent
read as follows:
"(1) The seniority of the mechanics and helpers, respectively,
in Seniority Subdivision No. I - Patternmakers, Seniority
Subdivison No. 2 - Upholsterers and Seniority Subdivision No.
3
- Painters and Silver Platers will be dovetailed in
accordance with their seniority in their respective seniority
subdivisions and then added to the bottom of the seniority
roster for Seniority Subdivision No.
6
- All Other Carmen.
Employes added to the consolidated seniority roster for
All Other Carmen shall have prior rights to regular assignments in the seniority subdivision where they presently hold
seniority
....
Form 1
Page 2
Award No.
8608
Docket No.
8543
2-MP-CM-'81
"(4) The employes on the consolidated seniority roster
shall continue to hold their prior rights to work in the
shop and in the reclamation plant as presently shown on
the seniority rostera. In addition the prior rights of
employes under their present seniority subdivisions will
be designated as follows:
Patternmakers - Seniority Subdivision No. 1
Upholsterers - Seniority Subdivision No.
2
Painters and Silver Platers-Seniority Subdivision
No.
3
the
PM
UP
On three days in December
1978,
painting work was required by the Carrier on
a particular project. Claimants were employed together with another Carman on the:
day shift to perform this work, and the work was continued on the afternoon shift
by other Carmen not designated as Painters on three days. Such afternoon shift
work was performed on straight time.
The Organization argues that the MemoSaandum of Agreement must be read to grant
all painting work to Carmen Painters, regardle:>s of when performed. The Carrier
stresses that the Memorandum of Agreement provides only "prior rights to regular
assignments" (emphasis added) indicating the Carmen Painters' right to placement
as Painters in preference to and regardless of seniority in relation to other
Carmen.
Taking the Memorandum of Agreement as a whole, the Board shares the Carrier':;
view. Paragraph
(4)
of the Memorandum of Agreement does state, as pointed out by
the Organization, that employes hold "prior rights to work in the shop and in the
reclamation plant", but this is logically read in conjunction with the preceding
Paragraph (1), which refers to "regular assignment" and is not a grant of total
and exclusive work jurisdiction.
The Memorandum of Agreement clearly serves to grant priority rights to
classifications such as Carmen Painter, but it is equally clearly intended to
provide the type of work distribution as practiced. by the Carrier in this instance:.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
semarie Brasch - Admilistrative Assistant
Date at Chicago, Illinois, this 21st day of January,
1981.