Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9889
SECOND DIVISION Docket No. 9794
2-WFE-CM-184
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( Brotherhood Railway Carmen of the United
( States and Canada, A. F. L. - C. I. O.
Parties to Dispute:
( Western Fruit Express Company
Dispute: Claim of Employes:
1. That the Western Fruit Express Company violated Rule 14 of the current
controlling Agreement when they failed to bulletin the regular bid position
assigned to assemble and repair parts for Refrigerator Cars at Carrier's St. Paul
shop, which was vacated due to the retirement of Carman J. A. Graf and improperly
assigned other employees who have less seniority than Claimant R. V. Hammer. Some
of the assigned employees have not worked out their required four years to become
a Cayman.
2. That accordingly, the Western Fruit Express Company be ordered to bulletin
the position of Cayman Refrigeration Mechanic to assemble and repair parts for
Refrigerator Cars and that such position be advertised in accordance with
Rule 14.
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 o f 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.
Mr. J. A. Graf was awarded the position of Mechanical Refrigeration Repairman
by Bulletin dated April 18, 1974 at the Carrier's Mississippi St. Shop in St. Paul,
Minnesota. Although the bulletin covering this position did not refer to the job of
rebuilding parts, Mr. Graf was the only employee who performed such work, and when
he ran out of rebuilding work he would perform other duties. The Claimant, Mr. R. V.
Hammer informed the Carrier that he desired the job "which consists of the rebuilding
of parts" which was to become vacant upon Mr. Graf's retirement on December 31,
1980. A claim requesting that Mr. Hammer be given the "Parts rebuilding job" was
declined by the Carrier on January 21, 1981 on the basis that parts rebuilding was
not a full time job and cavuld be
assigned on
a rotating basis to all employees
assigned to the Mississippi Street Shop. The decision was rejected by the
Organization and properly progressed to this Board.
Form 1 Award No. 9889
Page 2 Docket No. 9794
2-WFE-CM-184
The Organization contends that the Carrier violated the current controlling
agreement, specifically Rule 14, when it failed to bulletin the position vacated
due to the retirement of Mr. Graf. The Organization states that the facts reveal
that the Carrier determined there was a need for a position of rebuilding parts
and that it was assigned to only one person Mr. J. A. Graf who was the oldest
seniority person at the point. The Organization contends that when the vacancy
arose due to the retirement of Mr.Graf, such position with duties assigned to
rebuild parts should have been bulletined in accordance with Rule 14, which would
not preclude the Carrier from assigning the successful applicant to perform other Carme.
duties, as necessary. The Organization states that it must be recognized that there
are jobs within the Carman's classification which are more preferable than others
and when Carmen are assigned exclusively to a particular type of work, then such
position should be advertised for bid so that it might be identifiable for the purpose
of employees exercising their seniority.
The Carrier contends that Rule 14 provides no support for the Organization's
claim; and that nothing contained in the rule requires the Carrier to restrict
the assignment of parts rebuilding and repair work to a single position. The Carrier
refers to Second Division Award 9241, involving the same parties, which the Carrier
states was based on the same premise as the instant case, and which claim was
denied by the Board.
Rule 14 states:
"Bulletining New Jobs and Vacancies
When new jobs are created or vacancies occur in the respective
departments, the oldest employee in point of service shall,
if sufficient ability is shown by trial, be given preference
in filling such new jobs or any vacancies that may be
desirable to them. A_LI 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."
We find that Rule 14 does not require that the rebuilding and repair of
parts be assigned to a single Refrigeration Mechanic's position. Please see
Award No. 9241 (LaRocco) where it was held that the Carrier was not required by
Rule 14 to reassign duties to a particular position after a retirement but could
have the work performed by other employees as needed. Since no rule
prohibited the Carrier's action in this case, we must deny this claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST
Nancy J
4
- Executive Secretary
Dated at Chicago, Illinois, this 9th day of May, 1984