Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9956
SECOND DIVISION Docket No. 9587
2-CR-MA-184
The Second Division consisted of the regular members and in
addition Refereee George S. Roukis when award was rendered.
( International Association
of Machinists and
( Aerospace Workers AFL-CIO
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Carrier violated Rule 2-A-4(b) of the Controlling Agreement when
it assigned two machinists from the Heavy Repair gang to perform work not
comprehended in their regular assignment, to perform work of coupling, setting up
air brakes and testing air on thirteen (13) units to go in a hospital train to
Altoona Shops, Altoona, Pa. This work at Enola Locomotive Terminal is performed by
the Running Repair gang.
2. That the Carrier be required to compensate Machinists B. J. Vogl and
G. J. Lackey three (3) hours pay each at the applicable rate for January 24, 1980.
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.
The Organization contends that Carrier violated the controlling Agreement,
specifically Rule 2-A-4(b) when it assigned Claimants to perform work which was
rot comprehended in their position. It asserts that the work in question wasp not
work of the heavy repair gang, but work that is comprehended in Running Repair
assignments. It avers that the work performed on the thirteen (13) units did! not
require repair at the Enola Locomotive Terminal, but instead at the Altoona Back
Shop. It argues that coupling the thirteen (13) dead units, setting up air
brakes and testing air outside o f the Enola Locomotive Terminal was work that:
properly belonged to the Running Repair positions, and thus not encompassed
within the normative duty assignments of Claimants. It maintains that the work
did not involve a regular assigned vacancy and as such Rule 2-A-4(a)4 is inapplicable.
This Rule reads:
"If a mechanic position cannot be filled in accordance with
paragraph 1, 2, or 3, it shall be filled by the junior qualified
available mechanic working on the trick and at the location
where such position exists."
Form 1 Award No. 9956
Page 2 Docket No. 9587
2-CR-MA-184
Carrier contends that the work performed was comprehended within Claimants
regular assignments and there is no attached penalty when they were required to
work outside the Enola Locomotive Terminal on #1 Track. It argues that working
on shopped diesel units and dead diesel unit is work that belongs to the Heavy
Repair Gang and it does not trigger penalty payments under Rule 2-A-4(b) when it
is performed in the new yard, designated as #1 Track. It maintains that Rule 2-A-4(b)
does not provide penalty compensation for moving front one location to another,,
and avers that the work performed was properly assigned. It argues that as a
matter of past practice, all heavy repair work at the Enola Locomotive Terminal
was performed by the Heavy Repair Gang without restriction to a given track
provided it was performed at this situs.
In our review of this case, we are compelled to dismiss the claim. Claimants
argue that the work was comprehended within the assignments of the Regular
Repair Gang, but we have no
convincing proof
that it was so performed. To be sure,
the position advertisement of the Power Pusher position requires that the incumbent
be qualified on 6, 8, 24RL and 26L Air Brake Equipment, but we have no evidence
that such equipment was used to perform this work. With the exception of this
additional requirement, both position advertisements or machinists in the Heavy
Repair Gang and Running Repair Gang require the inspection, testing and repairing
of diesel electric and electric locomotives, which by definition, reflects a
marked congruence of functions. We have no detailed breakdown of the respective _
machinist position's duties or how their work differs. In the absence of proof,
such as persuasive statements from machinists employed in the Running Repair Gang
that such work was comprehended in their assignments or a clear and unmistakable
demonstration that this work was not comprehended in Heavy Repair Gang's
assignments, we are constrained by this record to dismiss the claim. Merely
asserting that this work was not comprehended within their assignments and
averring that Rule 2-A-4(b) is applicable is insufficient by itself to prevail in
this instance.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
At
test:
Nancy J.
yff
- Executive Secretary
Dated at Chicago, Illinois, this 13th day of June, 1984