Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9132
SECOND DIVISION Docket No. 9003-T
2-SOU-FO-'82
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( International Brotherhood of Firemen & Oilers
parties to Dispute:
( Southern Railway Company
Dispute: Claim of Employes:__
1. That under the current and controlling agreement, other than service
attendants are improperly used to perform work of servicing diesel
locomotives at Southern Railway System, Central of Georgia Railway
Company, Columbus, Georgia.
2. That accordingly, the Carrier be ordered to compensate service attendants
first out on the service attendant overtime board in the amount of eight
(8) hours at time and one-half rate of pay for each day identified:
September 25, 28, 29 and
30,
1979 October 1,
5, 6,
7, 8, 9, 12,
13,
14, 16, 22, 23, 26, 27, 28 and
30,
1979; November 2,
3,
and
4,
1979.
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, 193+.
This Division of the Adjustment Board has jurisdiction aver the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
On September 25, 1979, S. Rainey, a Hostler covered by the United Transportation
Union contract, claimed a position of Hostler at Carrier's Columbus, Georgia,
facility. The position had been vacant since April
4,
1979. Between April
4
and
September 25, the work of sanding, fueling, and servicing the diesel locomotives
formerly performed by a Hostler had been assigned by Carrier to the five claimants,
W. Washington, B. R. Holland, R. C. Wood, Jr., D. Smith and C. R. Ellis.
The Organization contends that allowing the sanding, fueling, and servicing
of locomotives to be done by Hostlers covered under the U.T.U. Agreement is
a violation of a Memorandum of Agreement signed by Carrier representatives and
the General Chairmen of the U.T.U. and the I.B.F.O., as well as a violation of a
Firemen and Oilers' special rule--Classification of Work, Rule 150. It also
alleges that Carrier, by letter dated December 27, 1978, indicated to the General
Chairmen that when U.T.U. employes vacated the Hostlers' job in Columbus, the
work in question would be given to the I.B.F.O. These Agreements read in pertinent
part as follows:
Form I Award No. 9132
Page 2 Docket No. 9003-T
2-SOU-FO-'82 r_rr~'
"MEMORANDUM OF AGREEMENT
between the
CENTRAL OF GEORGIA RAILROAD COMPANY
and its employees represented by
UNITED TRANSPORTATION UNION
and
INTERNATIONAL BROTHERHOOD OF
FIREMEN AND OILERS
Notwithstanding the provisions of the Memorandum of Agreement
of May 9, 11.9 (Appendix J of the Agreement of January 1,
1954)
and
the National Agreement of July 12, 1972 governing Manning, it is
agreed that effective anytime following the date of this Agreement,
hostler and hostler helper positions which by agreement are required
to be filled by firemen may be vacated under the following conditions:
(1) Any fireman assigned to a hostler or hostler helper
position may exercise his seniority to a vacancy of
fireman in yard or road service, seniority and other
rules permitting, -
(2) A fireman may elect to take a permanent or temporary
hostler vacancy. Those who take permanent vacancy
must remain thereon for 30 working days and give a fiveday written notice thereafter of his intention to
vacate it.
(3) The Company is not required to fill permanent or
temporary hostler or hostler helper vacancies.
(4)
When hostlers and helpers vacate their assignments as
outlined in paragraph (I), there will be no claims
from firemen as a result of the work described in the
Agreement of May 9, 19+9 (Appendix J of the current
agreement being assigned to and done by other crafts.
This Agreement shall remain in effect until changed or modified
in accordance with the provisions of the Railway Labor Act, as amended.
Signed this lath day of September, 1978.
A. B. Healan, General Chairman Mr. R. E. Loomis,
United Transportation Union (E) Assistant Vice President,
Labor Relations
W. L. Benton, General Chairman Central of Georgia Railroad
International Brotherhood of Firemen Company
and Oilers"
Form 1 Award No. 9132
Page
3
Docket No. 9003-T
2-SOU-FO-' 82
"December 27, 1978
Mr. W. L. Benton, General Chairman
International Brotherhood of
Firemen & Oilers
300+ Preston Street, Room 205
Louisville, KY x+0217
Dear Mr. Benton:
This confirms our understanding that in making reference
in section
(4)
of the September 12, 19'78 Agreement between
Carrier and its employees represented by United Transportation
Union (E) and International Brotherhood of Firemen and Oilers
to the work referred to 'being assigned to and done by other
crafts', it was our intent that such work be assigned to and
performed by employees represented by your Organization at
points on Carrier where employees of the Firemen and Oilers
class are employed. The work will be assigned accordingly.
If the above correctly reflects our understanding, please
so signify by signing this letter in the space provided below.
Very truly yours,
Assistant Vice President,
Labor Relations
Agreed
General Chairman
International Brotherhood of
Firemen & Oilers"
Effective June
13, 1979,
Rule 150 "Firemen and Oilers Special Rule"
identified as Classification of Positions of the March 1,
1975
Agreement is
amended and superseded by the following:
"FIREMEN AND OILERS
SPECIAL RULES
CLASSIFICATION OF WORK
RUlE 150. This rule recognizes that at points where positions
in these job classifications presently exist, the work set forth
herein will be assigned to firemen and oilers and will serve as
a guide in determining the class in which positions are placed
for pay purposes.
Form 1 Award No. 9132
Page
4
Docket No. g003-T
2-SOU-FO-'82
(b)
Service Attendant
Duties of employees in this classification are
identified generally as follows:
(1) Fuel, sand, water, clean, wash, wipe locomotives; clean
and supply locomotive cabs with tools,
lanterns, knuck es,
'chains, fusees, torpedoes, etc., and keep records of
such supplies; attend fueling station; unload sand cars;
operate sand drying machines, conveying or blowing equip
ment to load sand in towers; help crane operators by
affixing and removing grapling equipment,
signaling
for raising, moving, and lowering of load.
(2) Any other assignments, not elsewhere listed, whose job
factors considered jointly are similar to the assignments
listed above.
Note
3:
At facilities of the Carrier whereon the effective date
of this Rule, the work set forth herein has been performed by other
than Firemen and Oilers under agreements with other Labor
Organizations or by past practice, the Carrier is not obligated
to assign said work to the Firemen and Oilers."
Carrier argues that Paragraph 2 of the September 12,
1978,
Agreement allows
Firemen to bid on a Hostler vacancy and that the May
g, 1949
Agreement, which -
it sought to eliminate, was not eliminated and is still in force. That Agreement
reads as follows:
"MEMORANDUM OF AGREEMENT
Between the
CENTRAL OF GEORGIA RAILWAY
COMPANY
THE BROTHERHOOD OF LOCOMOTIVE
F1 AND ENGINEMEN
alai the
INTERNATIONAL BROTHERHOOD OF
FIREMEN AND OILERS
The work of fueling, sanding and watering Diesel locomotives
is the work of inside hostler helpers at points where inside hostlers
are employed and on shifts they are employed on now, and within the
shop area, designated as inside work.
Form 1 Award No. 9132
Page
5
Docket No. 9003-T
2-SOU-FO-'82
At points where outside hostlers and helpers are employed the
above work will be performed by them. This will not prevent outside
hostlers and helpers from performing the above work when customary
to do so, within the inside territory on shifts where both are
employed.
Central of Georgia Railway
Company
/s/ S. L. Peek
_
Assistant to Vice President and
General Manager and Director
of Personnel
Brotherhood of Locomotive Firemen International Brotherhood of
and Enginemen Firemen and Oilers
/s/ Carl Flowers /s/ J. H. Desotell
_
General Chairman General Chairman
Savannah, Ga., May 9, 19+9"
In June
1978,
Carrier served a Section
6
notice with the intention of
cancelling the May 9, 19+9 Agreement and any other rules or practices calling
for the use of Hostlers and Hostler Helpers to fuel, sand, and water service or
move diesel locomotives at a locomotive service facility. Carrier was not
successful in eliminating the May 9, 1949 Agreement, but was able to obtain an
Agreement (the September 12, 1978 Agreement) wherein some conditions were
established for allowing Firemen assigned as Hostlers to bid yard or road jobs.
Vacated Hostlers' duties would be assigned to Firemen and Oilers, with no claims
filed by the U.T.U.
The Hostler's job claimed by S. Rainey was vacated by a Hostler under
Paragraph (a) of the September 12, 19'78 Agreement on April
4,
1979. It remained
open until claimed by Rainey on September
15,
1979. Rainey was bumped off the
Extra Engineers' list and, as a result, claimed the Hostler vacancy in question
here.
The issue quite simply is can a Fireman, once he has vacated a Hostler's
or a Hostler Helper's job bid back on a vacant Hostler's position and do sanding,
fueling, and servicing of locomotives once that work has been turned over by
Carrier to the Firemen and Oilers? The Firemen and Oilers claim that the letter
of December 27, 1978 from R. E. Loomis., Carrier V. P., to W. L. Benton, General
Chairman, clearly states that when Firemen vacate Hostler's work, it will be
turned over to employes of the Firemen and Oilers' class. The Organization
also claims that once work has been turned over, it becomes protected by Rule
150 and cannot be returned to other crafts. The Organization does not, however,
claim that an employe covered by the U.T.U. Contract cannot work as a Hostler
and wave engines. It does assert that once the sanding, fueling, and servicing
of engines is turned over to it, that work cannot revert to others.
Form 1 Award No. 9132
Page
6
Docket No.
9003-T
2-SOU-FO-182
This Board is not persuaded by the Organization's arguments, even though it
is fully aware of the basis on which the Organization rests its claim and the
seriousness of jurisdictional disputes to all Organizations. The Agreement
language pertinent to this claim does not support its position. In fact, it
very clearly supports a contrary position.
Paragraph 2 of the September 12,
1978
Agreement makes specific reference
to a Fireman electing to claim a Hostler's vacancy. Rainey exercised his rights
under this clause. The May
9, 1949
Agreement gives Hostlers the right to fuel,
sand, and water diesels. Note
3
of Rule 150 holds Carrier harmless from
assigning the work in question here to Firemen and Oilers if at the facility
in question rule or practice ever allowed otherwise.
The criteria this Board must use when deciding a contract language dispute
are well established. If the language of an agreement is clear and unambiguous
it must be applied as written. We so do in this case.
There is language in the pertinent Agreements that allow Firemen to claim
vacant Hostlers' jobs. There is no language that states that once the Hostler's
position has been vacated by a Fireman, the duties of sanding, fueling, and
servicing permanently flow to the Firemen and Oilers' class. The specific, clear
language is controlling.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National. Railroad Adjustment Board
B _
y ~E
~ ~osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of June, 1982.