Form 1
Page 2
Award No. 9710
Docket No. 9067-T
2-NRPC-EW-183
Rule 1
"Classification of Work:
Pending adoption of a national classification of work rule, employees
will ordinarily perform the work which has been performed traditionally
by the craft at that location, if formerly a railroad facility, or,
as it has been performed at comparable Amtrak facilities, if it is a
new facility."
It is clear that Rule 1 expresses the parties mutual desire to maintain
the status quo in respect to the
assignment of
work between crafts. This
would also reasonably encompass the division of work between crafts as it
related to the delineation of temporary and permanent vacancies.
In this case, the Organization failed to show that they "traditionally"
performed the work in question in connection with temporary vacancies. In
view of the language of Rule 1, it could not be found that the Organization
should prevail in the absence of such proof. On the contrary, the Carrier put
forth statements by two foremen that since as early as 1948 Firemen and Oilers
and other shop craft employes have been used on day to day vacancies such as
vacation vacancies.
In view of the foregoing, the claim must be denied.
A W A R D
Claim denied.
Attest:
r-0~
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy
- Executive Secretary
Dated at Chicago, Illinois, this 2nd day of November 1983.
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9710
SECOND DIVISION Docket No. 9067-T
2-NRPC-EW-183
The Second Division consisted of the regular members and in
addition Referee Gilbert H. Vernon when award was rendered.
( International Brotherhood
of Electrical Workers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employer:
1. That the National Railroad Passenger Corporation (Amtrak) removed
work normally performed by the electrical craft and assigned said
work to the firemen and Oilers.
2. That accordingly Electrician Van B. Russell be compensated eight (8)
hours for May 27, 28, 29, 30 and 31, 1979 for a total of forty (40)
hours at the time and one-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 employer involved in this
dispute are respectively carrier and employer within the meaning of the Railway
4nr 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.
The Carrier has in operation a maintenance facility at Beech Grove, Indiana.
There is no dispute that in connection with the operation of the powerhouse at
the facility, there are four employer permanently assigned as Electrical Stationary
Engineers. There is no dispute that the electricians craft has been traditionally
assigned to these permanent vacancies in the powerhouse.
The dispute centers around the Carrier's use of employes from the Firemen
and Oilers craft to fill a temporary vacancy in the powerhouse in this case a
vacation vacancy. Electrical Stationary Engineer W. R. Hill was on vacation
from May 27, 1979, through May 31, 1979. During this period, the employer
assigned Laborer Shelton K. Green to work the vacation vacancy of Mr. Hill.
The claim protests this action.
The Board has considered the evidence and the arguments of the parties
and it is our conclusion that under the facts and circumstances here, no violation
of the contract occurred.
The dispute involves the interpretation and application of Rule 1 of the
'wr. relevant contract. It states: