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:__









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.



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~'





                  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.