Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10249
SECOND DIVISION Docket No. 9788
2-L&N-CM-'85
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:
( Louisville & Nashville Railroad Company
Dispute: Claim of Employes:
1. That the Louisville and Nashville Railroad Company failed to properly
advertise the Crane positions by Crane numbers at the Carriers South
Louisville Shops, and
2. Accordingly, the Louisville and Nashville Railroad Company should be
ordered to re-advertise the Cranes at South Louisville Shops by Crane
numbers.
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 jursidiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On October 1, 1980, the Carrier placed Job Bulletin No. 4 on all bulletin
boards at its South Louisville Shop facility located at Louisville, Kentucky,
which bulletined a Crane Operator position in the Scrap Yard vacated by Carman P.
M. Banet. Bulletin No. 4-A issued on October 13, 1980 cancelled Bulletin No. 4.
The Carrier then abolished the two existing Crane Operator positions in the Scrap
Yard with Bulletin No. 5, also dated October 13, 1980. Also on October 13, 1980,
the Carrier placed on all bulletin boards a copy of Bulletin No. 6 and Bulletin
No. 7, each of which was for a Crane Operator position in the Stores Department's
Scrap Yard.
The Organization
contends that
when the Carrier placed Bulletin No. 5 on the
bulletin boards at the Carrier's South Louisville Shops, the Carrier violated the
provisions of Rule 18(a). The Organization contends that Mr. Jarboe's position
was abolished and rebulletined for no apparent reason other than to change a long
standing practice of placing a crane number on the bulletins, and that the same
was true of the other crane position that was vacated by Carman P. M. Banet. The
Organization contends that the Carrier does not have the right to change the long
established practice of bulletining the positions without the designated crane
number. The Carrier disagrees with the Organization's contentions. The Carrier
contends that there has been no violation of Rule 18(a). And, the Carrier contends
that the Organization has not met its burden of proof that the crane number has
always been shown by Bulletin.
Form 1
Page 2
Award No. 10249 ,_W
Docket No. 9788
2-L&N-CM-'85
Rule 18(a) of the Agreement states:
"18(a) When new jobs are created or permanent
vacancies occur in the respective crafts the
senior employees in point of service shall,
if sufficient ability is shown by trial, be
given preference in filling such jobs. A11
new jobs or vacancies will be bulletined.
Copy of bulletin to be given the local chairman. Bulletin must be posted 5 days before
new jobs or vacancies are filled. Bulletins
will be posted immediately when it is known
a position is to be vacant or new job is to
be created."
The handling on the property reveals that there are two Crane Operator positions
and three cranes in the Scrap Yard. It is apparent that the Carrier did not want
to restrict its Crane Operators to specific cranes by its Bulletins in the interest
of the efficient operation of the Stores Department Scrap.Yard. We find no rule
violation in the Carrier organizing its work in such a manner; that is, bulletining
two Crane Operator positions in the Scrap Yard which contains three cranes, so
that the two Crane Operators would not be restricted to a specifically designated
."W
crane. We find no contractual requirement that the crane positions be bulletined
with a designated crane number. And, the evidence of record does not support a
finding that an exclusive system wide past practice requires that crane positions
be bulletined with a designated crane number. We shall deny this claim.
A W A R D
Claim denied.
Attest:
Nancy
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
- Executive Secretary
Dated at Chicago, Illinois this 30th day of January 1985.