Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9241
SECOND DIVISION Docket No.
9380
2
WFE·CM-'82
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when sward was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute : ( and Canada
( Western Fruit Express Company
Dispute: Claim of Ennloyes
1. That the Western Fruit Express Company violated Rule
14
of the controlling
Agreement when they failed to bulletin the regular bid position assigned
to assemble and repair car doors, which wets vacated due to the retirement
of Carman F. C. Briainda and improperly abolished said position.
2. That accordingly, the Western Fruit Express Company be ordered to
reestablish the position of carman assigned to assemble and repair car'
doors and that such position be advertised in accordance with Rule 14.
Findings:
The Second Division of the Adjustment Board,, upon the whole record sad ell
the evidence, finds that:
The carrier or carriers and the employe or employee 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.
On September 20,
1978,
Carman F. C. Brisinda was awarded a position which was
defined in a previous advertisement (dated September
16, 1968)
as., "Car Repairer,
Assemble and repair of Car doors in Mill Building No. 1" at the Hillyard Shop in
Spokane. Mr. Hrisinda occupied the position until his retirement on January 31,
1980.
The Carrier abolished the position described in the September
16, 196$
advertisement by a bulletin dated
February
11, 1980.
The Organization alleges that between February 1,
1980
sad February 11,
1980
as well as after the abolition of the position formerly filled by Mr. Brisinda, the
Carrier has assigned Caiman C. A. Rickard to perform the 'sane car door rebuilding,
assembly and repair duties which Mr. Brisinda had performed for over eleven yeeus.
Therefore, the Organization argues that Rule 14 of the applicable Agreement both
prevented the Carrier from abolishing the full time car door repair position and
mandated the Carrier to bulletin the vacancy created as a result of Mr. Brisinda's
retirement.
According to the Carrier, it reasonably determined that there wale no necessity
for maintaining a position exclusively devoted to repairing car doors. The Carrier
decided to rearrange the work previously performed by Mr. Briainda and it has not
Form 1
Page 2
Award No. 9241
Docket No.
9380
2 WFE-CM-'82
only assigned some of the work to Mr. Rickard but also other Carmen consistent with
the Carmen's Classification of Work provision in the scheduled Agreement (Rule
35)·
Furthermore the Carrier claims the Organization has failed to cite any rule which
prohibited it from abolishing the position on February 11,
1980.
The
Organization relies
solely on Rule
14
which states:
"When new fobs are created or vacancies occur in the respective
departments, the oldest employ: in point of service shall, if
sufficient ability is shown by trial, be given preference in
filling such new fobs or any vacancies that may be desirable
to them. All vacancies or new Jobs created will be bulletined.
Bulletins will be posted five
5
days before vacancies are filled
permanently. Employees desiring to avail themselves of this
rule will make application to the Shop Superintendent and
furnish
copy of the application to the local committee." (Ennphasis added).
Rule
14
does not contain any language which expressly barred the Carrier from
abolishing the car door repair position on February 11,
1980.
See Second Division
Award No.
6857
(Twomey). Rule 14 does mandate that all vacancies should be
advertised by bulletin but, in this case, after the position was abolished, there
wars no longer a vacancy. Furthermore, the Organization concedes that the car door
repair duties could be assigned to Carmen within the course of performing other
car repair work. Thus, the Carrier could rearrange the duties so that after Mr.
Brisinda's retirement, it was not necessary to preserve as exclusive car repair
door position
aft
the Hillyasd Shop. See Third Division Award No. 20726 (Lieberman).
After the abolition of the position, the Carrier has been properly assigning car
door repair and rebuilding work to members of the Carmen's craft in accord with
Rule
35.
AWARD
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOLD
By Order of Second Division
©semaa-ie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 22nd day of July, 1982.