Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9556
SECOND DIVISION Docket No. 9418
2-B&O-CM-'83
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
( Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
1. That the Carrier violated historical past practice on the Baltimore
& Ohio Railroad property, and violated claimant, J. R. Hyrondak's
contractual right for overtime, Rule
(8)
of the controlling Agreement,
when on the date of March
6, 1980,
Car Inspector Cialella, Haselton,
Ohio, was arbitrarily moved from his regular bid position as car
inspector, and assigned to Shop Track Truck, and his position "back
filled", by Carman Ezzo, Haselton, Ohio, who was in turn moved off his
regular bid in position at the Haselton Shop Track.
2. That Carrier be ordered to compensate claimant, Carman J. R. Hyrondak,
for all time lost account the above mentioned violations, such lost
time amounting to eight
(8)
hours' pay at the time and rn e-half rate.
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.
Claimant was observing a regular off-day on March
6, 1980
when, in the course
of business at its Haselton, Ohio Shop Track facility, the Carrier dispatched the:
regularly-assigned truck driver to an outlying point. On duty at the time was a
Carman Inspector (Cialella) who regularly operated such truck on two other days
of his weekly schedule. Cialella was thus directed to operate the vehicle.
Another Carman (Ezzo) was used as Inspector in Cialella's stead for the time
period involved here -- all during the same shift.
Rule
8
is cited by the Organization and deals with the distribution of
overtime when worked; such is not the case here and thus such Rule is inapplicable.
The Organization also contends an established past practice prohibits the backfilling of a job. The record shows that all Carmen at the facility are on the
same seniority roster and, as such, may properly be required to perform any of
the work of the craft.
Form 1
Page 2
Award No. 9556
Docket No.
9418
2-B&o-CM-'
83
Without assessing validity to the Organization's asserted past practice in
opposition to "backfilling" jobs, the record does not support the assertion that
the use of personnel as described herein comprised the backfilling of any job.
What the record does indicate was the use of Carman Ezzo to cover the work of
Inspector as work demands required. Given the common seniority roster at the
facility, such assignment cannot be held inappropriate.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
~o-emarie Brasch - Administrative Assistant
Dated(( at Chicago, Illinois, this 13th day of July, 1983.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division