Dorm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.896g
SECOND DIVISION Docket No.
8343-T
2-MP-CM-182
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad company violated Rules 25, 26, and
117 of the controlling Agreement when they used two (2) Carmen and
Mechanical Foreman D. Davis and Road Foreman J. R. Harris from
Corpus Christi, Texas to change traction wheels in diesel unit No.
2267
at Harlingen (another seniority point) December 27,
1977,
working
from
8
a.m. to
8
p.m., same date.
2. That the Missouri Pacific Railroad Company be ordered to compensate
Carman J. Vela and J. L. Argullin in the amount of twelve (12) hours
each at the punitive rate and Carman A. Florcs in the amount of eight
(8)
hours at the punitive rate account this violation. Carmen Vela,
Argullin, and Flores all hold seniority at Harlingen, Texas.
Find 3.n s
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 .Tune 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 pertinent facts in this case are uncontested On December
27, 1977,
the
Carrier sent Mechanical Foreman D. L. Davis, Road Foreman J. R. Harris and two
Carmen from Corpus Christi, Texas to Harlingen, Texas to remove the traction
motor from Diesel Unit No. 2267. Two additional Carmen, stationed at Harlingen,
assisted in jacking the engine and performed other incidental tasks. The project
took approximately twelve hours to complete. Harlingen is an outlying point in -the
Houston Seniority District while C armen at Corpus Christi are not within that
seniority subdivislnn (Rule 137). No Machinists are employed at either Harlingen
Corpus cir.ris"
L .
The )rganization brings this claim on behalf of three Carmen holding seniority
at EarlinL;en for a total of thirty-two hours of pay (at the premium rate)
contending that the work of removing the traction motor was exclusively reserved.
to Carmen at Harlingen. According to the Organization, Rule 25(a) confines
seniority to Harlingen and Gannpn from another seniority point may not perform
work at Harlingen. The Organization concedes that the disputed work is not
expressly reserved to Carmen under the Carmen's Classification Rule but it
Award No. 8965
Docket No. 8343-T
2-MP-CM-'82
nonetheless argues that the Claimants had an absolute right to perform the
disputed work (which ordinarily belongs to Machinists) at Harlingen pursuant to
itule ''6(b). The Carrier places a different interpretation on Rule 26(b). The
Carrier contends that since there were no machinists employed at either Corpus
Christi or Harlingen, the Carmen at Harlingen
mere
entitled to perform work outside
their craft only to the extent the Carmen were capable of performing the work.
In this instance, the Carrier asserts that the Carmen from Corpus Christi who
removed the traction motor had the special knowledge and experience necessary
to properly perform the task while the Claimants were not qualified to do the
work.
The disputed work in this case is governed by Rule 26(b). The work
performed on Diesel Unit No. 2_267 is normally reserved to another craft.. No
employes of the other craft were stationed at Harlingen. Thus, the Claimants'
right to perform the disputed work rests on the capability provision of Rule
26(b) rather than the seniority lines set forth in Rules 25 and
137.
The
Organization, which shoulders the burden of proof, has not presented sufficient
evidence demonstrating that the Claimants have the requisite ability to remove
a traction motor. Indeed, it appears from the record that Claimants have little
or no experience with locomotive work. The Carrier complied with Rule 26(b)
by assigning Carmen from Harlingen to set and operate the jacks which was
consistent with their capabilities. Thus, we must deny the claim.
The Carrier has also argued that this Board lacks jurisdiction over this
claim because the Organization ostensibly failed to handle this claim in the
usual manner on the property. Since we have denied the claim on the merits,
we need not address this issue.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Rosemarie Brasch - Administrative Assistant
l at Chicago, Illinois, this 10th day of March, 1_982.