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Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9739
SECOND DIVISION Docket No. 9509
2-N&W-CM-'83
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Brotherhood Railway Carmen of the United States
PARTIES TO DISPUTE: ( and Canada
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( Norfolk and Western Railway Company
DISPUTE: CLAIM OF EMPLOYES:
1. That the Norfolk and Western Railway Company violated the controlling
Agreement when it abolished Cayman Leader Job No. 114, 7:00 a.m. to
3:00 p.m.,. Monday through Friday, Saturday and Sunday rest days,
effective April 25, 1980, and created, through advertisement dated
April 18, 1980, Cayman Leader Job No. 116, 7:00 a.m. to 3:00 p.m.,
Tuesday through Saturday, Sunday and Monday rest days, effectuating
the change in rest days of Cayman W. J. Rindos at Buffalo Junction,
Buffalo, New York, beginning April 26, 1980.
2. That the Norfolk and Western Railway Company be ordered to compensate
Cayman W. J. Rindos in the amount of eight (8) hours at the time and
one-half rate for every Saturday worked, beginning with Saturday,
April 26, 1980, until corrected.
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 employes 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.
Prior to April 26, 1980, Claimant held a Lead Cayman position at the Carrier's
Buffalo Junction Yard with a first shift, Monday through Friday assignment. In
addition to Claimant's position, the Carrier had maintained a carman's position
and a carman helper position at this particular location. Pursuant to appropriate
notice giver. on April 18, 1980, all three positions were abolished. On the
same day, the Carrier advertised one new carman position and one new helper
position at Buffalo Junction. The new carman position, to begin on April 26,
1981, was a lead carman position on the first shift with a scheduled work week
of Tuesday through Saturday. Claimant bid for and was awarded the newly created
Lead Cayman position.
Form 1 Award No. 9739
Page 2 Docket No. 9509
2-N& W-CM-'83
Claimant urges this Board to award him eight hours of pay at the time and
one-half rate for each Saturday he has worked since April 26, 1980. According
to the Organization, the practical effect of the Carrier's unilateral decision
to abolish his former position and establish a new position (at the same location
and with the same duties) was to change his rest days from Saturday and Sunday
to Sunday and Monday. The Organization argues that the Carrier must provide
Claimant with a Monday through Friday work schedule under Rules 2(a), 2(b) and
2(f) of the applicable Agreement.
The Carrier contends that economic conditions warranted reducing forces at
Buffalo Junction. Furthermore, the primary purpose of maintaining a carman and
a helper at Buffalo Junction was to inspect and service cars interchanged at
the Ford. Motor Company plant. Inasmuch as the Carrier received cars from Ford
on Tuesday through Saturday mornings it was logical to establish positions
based on the customer's schedule.
Rules 2(a), 2(b) and 2(f) state:
"(a) General
This carrier will establish, effective September 1, 1949, for all
employes represented by the organization or organizations signatory
hereto, subject to the exceptions contained in this rule, a work week
of 40 hours, consisting of five days of eight hours each, with two
consecutive days off in each seven; the work weeks may be staggered _
in accordance with this carrier's operational requirements; so far as
practicable the days off shall be Saturday and Sunday. The foregoing
work week rule is subject to the provisions of this agreement which
follow:
(b) Five-day Positions
On positions the duties of which can reasonably be met in five days,
the days off will be Saturday and Sunday.
(f) Deviation from Monday-Friday Week
If in positions or work extending over a period of five days per
week, and operational problem arises which this carrier contends
cannot be met under the provisions of Paragraph (b), above, and
requires that some of such employes work Tuesday to Saturday instead
of Monday to Friday, and the employes contend the contrary, and if
the parties fail to agree thereon, then if this carrier nevertheless
puts such assignments into effect, the dispute may be processed as a
grievance or claim under this agreement."
There is no dispute concerning the Carrier's method of rearranging forces
at Buffalo Junction. The Carrier properly abolished Claimant's former position ,fir
and created a new position by advertisement. The new position was awarded by
seniority bid. On the surface, it appears as if the only effect of the Carrier's
actions was to change Claimant's rest days. However, the record is clear that
the Carrier established the position to meet the specific requirements of an
important customer. If necessary work cannot be reasonably handled on a normal
Form 1 Award No. 9739
Page 3 Docket No. 9509
2-N&W-CM-'83
Monday through Friday position, the Carrier may establish a Tuesday through
Saturday position. Second Division Award No. 6208 (Simons). The Organization
relies on Second Division Award No. 7041 (Eischen) to support its claim. However,
Award No. 7041 is inapplicable to this case because, among other reasons, forces
were reduced and new positions established to accommodate the specific demands
of an important shipper.
While we recognize that Claimant would prefer to fill a position having
Saturday and Sunday rest days, his choice must be subordinated to the Carrier's
demonstrated operational need to have Tuesday to Saturday assignments at Buffalo
Junction. Thus, the Carrier did not violate Rule 2.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
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ATTEST
Nancy J /Doer - Executive Secretary
Dated at Chicago, Illinois, this 14th day of December, 1983