Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 8620
SECOND DIVISION Docket No. 8251
2-SISF-CM-181
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis 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 provisions
of the current Memorandum of Agreement between St. Louis-San Francisco
Railway Company and the Brotherhood Railway Carmen of the United States
and Canada, effective July 1, 1977.
2. That accordingly, the St. Louis-San Francisco Railway Company be ordered
to compensate Carman Apprentice Carl A. Chatman the monetary difference
of Carman Apprentice's hourly rate as compared to Journeyman Carman's
rate for the days of December 21, 1977 through January
7,
1978,
January 23, 1978 through February 3, 1978, March 11th, 12th and 17th;,
1978, and full Journeyman rate of pay for any days Carl A. Chatman not
so working while an apprentice, and all continuing time not promoted
ahead of junior employes.
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 empldyres 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.
Claimant is an apprentice carman on carrier's repair track at Birmingham,
Alabama. On a number of occasions in December 1977 and in January, February, and
March 1978, carrier set up apprentices to fill carmen positions on a temporary
basis when journeymen carmen were not available for work. On the dates cited in
this claim, petitioner alleges that less senior apprentices than claimant were
used as journeymen and paid the rate. Petitioner alleges that claimant should
not have been bypassed for these assignments. Using less senior employes in
these instances is a violation of the July 1, 1977, Memorandum of Agreement.
The July 1, 1977, Agreement reads in pertinent part as follows:
"Section
6.
(a) The practice of upgrading carmen helpers
is discontinued. In the event of not being able to employ
Form 1 Award No. 8620
Page 2 Docket No. $251
2-SLSF-CM-181
"3ourneyman,mechanics of the carman's craft or carmen with
three years experience, the force may be increased by
promoting the senior qualified apprentice."
Petitioner argues that Section
6
(a) of the agreement is clear and unambiguous.,
It states that in the event that journeyman mechanics in the carman's craft or
carmen with three years experience cannot be employed, the force may be increased
by promoting the senior qualified apprentice. Claimant was more senior than
apprentices promoted on the dates cited in the claim. He therefore should be paid
the differential between the apprentice rate and the journeyman rate on those
days.
Carrier does not agree that Article
6
(a) applies to the instant case. Instead
it relies on Article
6
(e), wherein it is stated: "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
(9)
hereof." Article
6
(e) also
states that "When the force is reduced the junior temporary carman will be set
back first."
Carrier is arguing that temporary carmen positions are protected from the
temporary caiman list required to be prepared and maintained by Article
6
(e)
cited above. Carrier argues that while the two ap"entices who were promoted to
temporary carnten were less senior than claimant on the apprentice list, they were
more senior to him on the temporary carman's list (since they had worked as temporary
carmen prior to this claim date and claimant had not). Therefore, the apprentices
had a right to fill the temporary caiman positions they were promoted to.
Petitioner claims that the temporary carman positions should be filled by
setting up the most senior apprentice. Carrier claims that they should be filled
by setting up the most senior temporary carman not working in that capacity, and
that if all are working, the most senior apprentice should be set up.
A careful review of the record and application of universally accepted
principl.eis- of contract interpretation requires that the organization's position
be upheld in this case.
Section
6
(a) of the Memorandum of Agreement clearly states that when the
force is increased (as was done in the instant case), the most senior apprentice
shall be promoted. Nowhere in the agreement does it state or even imply that
temporary caiman positions should be viewed as other than promotions, and that
these positions will be protected from a temporary carman list. The parties agreed
in the memorandum that promotions are made by setting up the most senior apprentice.
They have also agreed in Section
(3)
that when the force is reduced, the junior
temporary carman will be set back first. They have made arrangements for promotion
from one list and demotion from another. The parties have failed to reduce to
writing the interpretation carrier would have this board give to the Memorandum
of Agreement. Had the parties intended that temporary caiman positions were to be
protected from a temporary carman list, they could have very easily so stated.
Absent such a statement, this board is required to apply the language of Article
6
(a) and
6
(e) of the memorandum literally.
Form 1 Award No. 8620
Page
3
Docket No. 8251
2-SLSF-CM-'81
Claimant was more senior than those employes cited in his claim as having
been promoted. Article
6
(a) requires that claimant should have received the
promotion. We therefore must sustain the claim for the days specifically cited in
the claim. We see no basis on which to consider the claim as a continuing one and
deny that portion of petitioner's plea.
A W A R D
The claim is sustained for the specific days cited in the organization's
ex parte submission.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - AdniArs-trative Assistant
Dated t Chicago, Illinois, this 18th day of February, 1981.