Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9950
SECOND DIVISION Docket No. 9452-T
2-SP-FO-184
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( Int'l. Brotherhood of Firemen and Oilers
( System Council No. 19
Parties to Dispute:
( Southern Pacific Transportation Company (Pacific Lines)
Dispute: Claim of Employes:
1. That Southern Pacific Transportation Company (Pacific Lines), violated
Rules 6 and 7 of the current agreement between the aforementioned Carrier and the
Firemen and Oilers Craft, when the Carrier abolished seven (7) jobs of Laborer/
Bus Driver, and rebulletined only one full time job with a relief. The Carrier is
using Clerks and Taxis to transport train and engine crews. Also they are using
Firemen and Engineers to supply and clean the locomotive cabs. This is work that
was normally performed by the Firemen and Oilers that operated the carryall.
2. That accordingly the Southern Pacific Transportation Company be ordered to
pay the Claimants (B. F. Teman, D.L. Deines, W. F. Groeze, H.M. Nettles, A. R. Collins
S. L. Halstead) the Difference that they received when they operated the carryall
and what they now received.
This is a continuing claim, until the work of operating the Carryall and the
transporting of train and engine crews and the servicing and supplying of the
locomotive cabs, are returned to the Firemen and Oilers Craft.
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 were given due notice of hearing thereon.
The petitioning Organization contends that Carrier violated Rules 6 and 7
of the Firemen and Oilers Agreement when Carrier assigned non Agreement covered
employees to perform work that was traditionally performed by Firemen and Oilers.
The disputed work involved in operating of a carryall to transport train and engine
crews in the Eugene-Springfield areas, the transporting of helper crews to outgoing
areas and the cleaning and supplying of locomotive cabs at Springfield, Oregon. It
asserts that the abolishment of the seven (7) Laborer/Bus Driver jobs and the!
rebulletining of only one full time position with relief on April 18, 1980 was a
clear violation of the Agreement since Carrier then used Clerks and Taxis to
transport train and engine crews and Firemen and Engineers to supply and clean
the locomotive cabs. The organization avers that this work has been consistently
performed by Firemen and Oilers for over twenty-five (25) years and argues that the
misassignments are continuing violations.
Form 1
Page 2
Award No-9950
Award No. 9452-T
2-SP-FO-'84
The Brotherhood of Railway Airline Clerks as a third party of interest
contends that employees represented by its organization have operated carryall
equipment around the clock at the Eugene Terminal for over twenty five (25)
years, and asserts that the cleaning and supplying of locomotives was performed by
different crafts depending upon locational assignments. It argues that Carrier
recognized the Clerk's right to supply locomotives when the National Railroad
Adjustment Board in Third Division Award No.
20638
ruled accordingly and Carrier
subsequently agreed on April 14, 1975 to compensate clerks at the rate of their
assignment when they are required to perform this work.
Carrier contends that it is not constrained by the Firemen and Oilers agreement
from assigning other employees to transport train service crews. It argues that
the holdings in Third Division Award Nos.
10326,
15596, 17140 and Award
33 of
Public Law Board No.
843
involving itself and the Brotherhood of Railway Airline
Clerks dispositively show that the work of transporting crews does not exclusively
accrue to any one craft. It argues that the work of cleaning and supplying
locomotive cabs has been performed by members of the Mechanical apartment employees
at Eugene Yard and asserts that such work has been discontinued at outlying
points. It further avers that the claim is without merit since the claim lacks
specificity as to the specific dates of occurrence and the length of time of the
asserted violation. It maintains that neither Rule
6
nor Rule 7 of Petitioner's
Agreement exclusively reserve this work to Claimants and asserts that past practice
and arbitral rulings explicitly establish this point.
In considering this case, the Board finds that petitioners have not establishe4
exclusivity to the disputed work. We find no clear language in Rules
6
or 7 that
would unmistakably reserve this work to the Firemen and Oilers nor any solid
convincing evidence
that only members of this craft performed this work. Both
Carrier and the third party intervenor have persuasively shown that clerks operate
the carryall in the Eugene area to transport train service crews and petitioners
have not proven that they exclusively cleaned and supplied locomotive cabs at:
Springfield. In fact, Carrier's assertion that only employees of the Mechanical
Department cleaned and supplied locomotive cabs at the Eugene Yard or occasionally
outside that location has not been refuted. In order to prevail, Claimants were
obligated to show clear rule support for their position or persuasive evidence
that they rare customarily and exclusively assigned this work. The record does
not contain such proof.
Accordingly,
consistent with
our decisional rationale in Third Division Award
Nos.
10326,
15596 and 17140, we will deny the claim. The necessary element of
exclusiveness has not been established.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
B y Order o f Second Di vi si on
Nancy J er - Executive Secretary
Dated at Chi cago, Illinois, this 13th day of June, 1984