Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10117
SECOND DIVISION Docket No. 9811-T
2-B&O-CM-'84
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
Parties to Dispute:
( The Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
No. 1. That Carrier violated the terms of the controlling agreement, specifi
cally Rule 144 1/2, when on the date of December 26, 1980, third
shift of the December 25, 1980, Christmas Holiday, at Washington,
Indiana. Carrier allowed Trainmen to couple air hose and make air
brake test on, both, SL-TT Train, Engine #4311 with twenty-three
(23) cars, and Train NETER, Engine #4350, with one-hundred and
twenty-six (126) cars. Train SL-TT departing yards at 2:30 A.M.,
and Train NETER departing yards at 5:00 A.M. on the date of
December 26, 1980, such work of coupling, testing air brakes, and
inspecting, work accruing specifically to the carmen craft by virtue
of the above mentioned rule.
No. 2. That Carrier be ordered to compensate Carman, J. A. Mahan, two (2)
hours and forty (40) minutes pay at the time and one-half rate,
account this violation.
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.
On the third shift of the Christmas Holiday, December 25, 1981, which
carried over until 7:00 a.m. of December 26, 1981, all carmen at the Carrier's
Washington, Indiana shops were laid in for the holiday. During the shift,
Train SL-TT which had previously arrived was called for 12:30 a. m. The train
crew connected the locomotives and caboose to the cars, coupled the cars at the
street crossing, and trainmen took their
own
air test and departed the Shops
Terminal Yards with 23 cars at 2:30 a. m. Also, Train NETER, a through train
with 126 cars located on the main track, was called for 5:00 a.m. and after
coupling the street crossing the trainmen took their
own
air brake test and
departed.
Form 1 Award No. 10117
Page 2 Docket No. 9811-T
2-B&O-CM-'84
Carmen are on duty at Washington, Indiana seven days a week twenty-four
hours a day; and, as set forth above, all carmen were laid in for the Christmas
holiday on the third shift of December 25, 1981 which extended to 7:00 a. m. on
December 26, 1981.
The claim in this case is for two hours and forty minutes' pay at the time
and one-half rate on behalf of Carman J. A. Mahan based on the organization's
contention that the work performed by the trainmen is specifically designated
as carmen's work under Rule 144 1/2 (a) and (c). The Organization contends
that Rule 144 1/2 (a) identifies that
inspecting and
testing of air brakes is
reserved to carmen. The Organization contends that Rule 144 1/2, paragraph
(c), provides that if as of July 1, 1974 a carman was assigned to a shift at a
departure yard from which trains depart, performing such work the Carrier may
not discontinue such work by carmen on that shift and have employees other than
carmen perform such work. The Organization contends that the Carrier did just
that in this case, for all carmen assigned to the third shift were laid in for
the holiday and the Carrier allowed other employees, trainmen in the instant
case, to perform work accruing to the carmen craft, in violation of the provisions
of Rule 144 1/2 (c).
The Carrier contends that the work of coupling air hoses and performing
air brake tests has neither been assigned to nor recognized as belonging exclusively
to the carman craft and train crews have performed such service from the
inception
of the air brake. The Carrier states that Rule 144 1/2 (a) specifically refers
only to situations where carmen are on duty and
rio
carmen were on duty at tf:te
time in question; and that Claimant Mahan instead was observing the holiday and
was paid at the pro rata rate for the holiday. The Carrier refers to a portion
of the language of Rule 144 1/2 (c) that: "if a railroad had carmen assigned
to a shift...who performed the work set forth in this rule... it may not discontinue
the performance of such work by carmen." (Emphasis added by Carrier) The
Carrier states that this Rule is inapplicable as the Board has
consistently
held that holidays are not to be considered "assigned days". Thus there were
no carmen assigned to the third shift on December 25, 1980. The Carrier refers
to Second Division Award 5460 and other awards as authority for its position.
The Carrier states that the claim is without merit and must be denied.
Rule 144 1/2 of the controlling Agreement, Coupling, Inspecting and Testing,
paragraphs (a) and (c) states:
"(a) In yards or terminals where carmen in the service of the
Carrier operating or servicing the train are employed
and are on duty in the departure yard, coach yard, or
passenger terminal from which trains depart, such inspec
ting, and testing of air brakes and appurtenances on
trains as is required by the Carrier in the departure yard,
coach yard, or passenger terminal, and the related coupling
of air, signal and steam hose incidental to such
inspection
shall be performed by carmen.
Form 1 Award No. 10117
Page 3 Locket No. 9811-T
2-B&O-CM-'84
"(c) If as of July 1, 1974 a railroad had carmen assigned to a
shift at a departure yard, coach yard or passenger terminal
from which trains depart,
who
performed the work set forth
in this rule, it may not discontinue the performance of
such work by carmen on that shift and have employees other
than carmen perform such work (and must restore the
performance of such work by carmen i f discontinued in
the interim), unless there is not sufficient amount of
such
work to justify employing a carman."
We have studied the positions of the parties and if the language of Rule
144 1/2 (c) did not exist we would agree with the Carrier that Second Division
Award 5460 would be controlling. However, the language of Rule 144 1/2 (c)
does in fact exist, and the clear language of this rule must be applied. It is
not disputed that as of July 1, 1974 the Carrier had carmen assigned to the
third shift at Washington, Indiana
who
performed the work of inspection and
testing of air brakes, the work covered by Rule 144 1/2. And, under the clear
language of Rule 144 1/2 (c), the Carrier is specifically prohibited from discontinu_
the performance of
such
work by carmen on that shift and having employees other
than carmen perform such work. The Carrier's position that the language of
Rule 144 1/2 (c) "assigned to a shift" makes paragraph (c) inapplicable because
a holiday is not an "assigned day" is rejected. The Carrier's reference to
"assigned to a shift" ignores completely the context in
which
wvrds "assigned
to a shift" are used. These words are used to delineate the effective date of
the paragraph: "If as of July 1, 1974 a railroad had carmen assigned to a shift
at a departure yard
...."
We shall sustain the claim for two hours and forty minutes pay at the time
and one-half rate for Carman Mahan.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy VJolGer - Executive Secretary
Dated at Chicago, Illinois, this 10th day of October, 1984