form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8982
SECOND DIVISION Docket No.
9158
2-SOU-CM-'82
The Second Division consisted of the regular members and in
addition Referee John ];. L&Rocco when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Southern Railway Company
Dispute: Claim of Employes:
1. That the Derrick Engineer's position at Atlanta was improperly bulletii:,>`
and Carman D. A. Davis' rest days were improperly changed from Saturda;;
and Sunday to Sunday and Monday.
2. That accordingly the Carrier be ordered to change Carman D. A. Davis'
rest days back to Saturday and Sunday.
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 eere given due notice of hesring thereon.
On November 1,
1978,
tire Carrier issued a bulletin soliciting bids for a
position described as "Car repairing and inspecting when not working as Derrick
Engineer" with designated rest days of Saturday and Sunday. The Carrier
cancelled the bulletin on November 20,
1978
and one day later posted a new
bulletin advertising the sarie position except the rest days were specified as
Sunday and Monday. Claimant was the successful bidder under the second bulletin
and was awarded the position. Subsequently, in September,
1979,
Claimant became
fully qualified for the position and he then demanded that the rest days of the
position revert back to Saturday and Sunday. The Carrier refused. The Claimant
instituted this claim on October 1,
1979
and he urges us to immediately compel
the Carrier to change the rest days on this position back to Saturday and Sunday.
The organization makes two arguments. First, it contends the position in
controversy is a five day a week position that has had Saturday and Sunday rest
days for at least twenty years prior to November,
1978.
Rule 2(B) of the
applicable agreement states:
"(B) Five-day Positions - On positions the duties of which
can reasonably be met in five days, the days off will be
Saturday and Sunday."
Award No.
8982
Docket No.
9158
2 - S OU-CM-'
82
Second, the Organization states that the Carrivx revoked the November 1, 1078
bulletin fro arbitrarily and capriciously change the work week. Rules 20 and
?~(a), the organization reasons, prohibited the Carrier from issuing the second
bulletin without first properly abolishing the position covered by the November 1,
1'978
bulletin. Further, when Claimant was the successful bidder under the second
bulletin, the Master Mechanic ostensibly promised the Claimant that he would
change the rest days back once Claimant became qualified in the position.
The Carrier specifically denies that the Master Mechanic led Claimant to
believe that the rest days would be adjusted after he became qualified. While
the Carrier acknowledges that there is no -relief derrick engineer, it asserts
that Claimant's other duties on the repair track are part of a three shift,
seven day a week operation. Rule 2(D) states:
"(D) Seven-day Positions = Qwpp$itions which have been filled
seven days per week any two consecutive days may be the rest
days with the presumption in favor of Saturday and Sunday."
The Carrier's revocation of the November 1,
1978
bulletin and the alleged
violations of Rules
20
and 26(a) are not relevant to this dispute since the
propriety for changing the rest days on the position in dispute is determined
by applying Rule 2. The test concerning whether a position is a seven day position.
is whether the particular operation must be conducted seven days a week. Second
Division Award No.
1883
(BalIer). The position Claimant occupied is integrally
related to the continuous, seven day a week car inspection and repair activities
on the repair track. He only sporadically performed his duties as a derrick
engineer. Thus, the position in question is governed by Rule 2(D). The carrier
could reasonably exercise its discretion to change the rest days for this
position to Sunday and Monday.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
BY
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
semarie Brasch - Administrative Assistant
Dated ,at Chicago, Illinois, this 10th day of March, 198?_.