Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9242
SECOND DIVISION Docket No.
9384
2-SCL-Chi-' 82
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Brotherhood Railway C armen of the United States
Parties to Dispute: ( and Canada
(
Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the controlling
agreement when carmen were utilized to do carmen painters' work on SCL
610240 at Tampa, Florida on February 1,
1978.
This occurred on the "B"
end of said car on Track No. 2 at Tampa Repair Track.
2. That accordingly, the Seaboard Coast Line Railroad Company be ordered to
compensate Cayman Painter J. Thompson in the amount of two (2) hours and
thirty (30) minutes at overtime rate of pay for said violation.
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 waived right of appearance at hearing thereon.
On February 1,
1978
during the first shift, the Carrier's Foreman assigned a
Cayman to paint and stencil the B end of car number ACL
6102i+0
on a Tampa repair
track. Claimant, a second shift Cayman Painter, seeks two and one half hours of
pay at the premium rate contending all painting and stenciling work must be assigned
to Carmen Painters pursuant to Rule
15, 99
and 100 of the applicable Agreement.
The Organization argues that since, within the Carmen's craft, Carmen Painters
maintain and accrue seniority on a separate roster-division under Rule 15, the
disputed work is exclusively reserved to Carmen Painters. The Carrier contends
that neither the rules cited by the Organization nor historical practice supports
the instant claim.
The work in dispute is clearly reserved to the Carmen's craft by Rule 100.
Rule 15 divides Carmen into four roster-divisions but does not, either by its
express terms or by implication, exclusively relegate every painting and stenciling
task solely to Careen Painters. Second Division Award
No.62o7
(Harr). In two
prior decisions involving these same parties and similar disFutes, this Board h2a
riled that the maintenance of separate seniority rosters for painters, standing
alone, does not exclusively reserve all painting and stenciling work to painters.
Se^or_d Division Awards No. 622 (Shapiro) and .To.
6618
(Dol~;ick). According to
these decision, on this property there is ^o historical practice to support the
Form 1 Eward No. 9242
Page 2 Docket No.
938
2
-s
cL-,-M- '82
Organization's position that all painting work
would be assigned to
Carmen Painters
to ,he exciusicn of all of her Carmen. For the reasons more fully set forth in
Awards No.
622
and No.
6618,
we must deny
this
claim.
AW AR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
r~. ~P ~ .
_,.ftsemarie Branch - Administrative Assistant
Dated at Chicago., Illinois, this 22nd day of July, 1982.