Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10490
SECOND DIVISION Docket No. 10096
2-BN-CM-185
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That the Burlington Northern Railroad violated the provisions of
the controlling Agreement when it failed to bulletin two (2) Carman
positions and deprived senior qualified Carmen seniority rights.
2. That the Carrier advertise by bulletin the positions as truckman
repairer jobs at the Carman Welder's rate of pay.
3. That senior employes availing themselves by application and bid be
assigned to said positions.
4. That this is a continuous grievance until satisfactorily settled.
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 argues that Rules 17 and 30 of the Controlling Agreement
were violated when Carrier failed to bulletin two (2) Carman truck repair
positions. It maintains that when Carrier introduced the new welding procedure
in the Federation Shop at Springfield, Missouri, sometime in November, 1981,
Carrier omitted to advertise by bulletin the two (2) new positions and such
action, denied senior employees the opportunity to bid on more desirable
positions. The Organization asserts that the use of the new welding device
effectively created two (2) new positions that contractually required compliance with Rules 17 and 30. These Rules in part read:
Form 1 Award
No.
10490
Page 2 Docket No. 10096
2 -B N-CM- ' 85
"Rule 17
When new jobs are created or vacancies occur in the respective
crafts the oldest employes in point of service shall ...be given
preference in filling such new jobs or any vacancies that may be
desirable to them. A11 permanent vacancies or new jobs created
will be bulletined.11
"Rule 30
. . . Seniority as mentioned in any of the rules of this Agreement
will govern when the employes desiring to exercise such rights have
the ability to perform the duties required."
It cited several Second Division Awards to support its position. (See Second
Division Award
Nos.
1440, 1575, 2294, 2850, 3552 and 4839. )
Carrier argues there was no reason to bulletin two (2) positions since
the introduction of the new welding device did not substantively change the
work of repairing truck bolsters. It notes that the welding device is used
to rotate the bolster for easier application of the cast ring and avers that
its introduction did not create trio (2) new positions. It contends that
Agreement does not preclude it from assigning truck repair work to Carman
welders, nor require it to bulletin exclusive positions. It points out that
the only specified positions in the Shop area sere in the Fabrication, Door
and Air Brake Shop, including jobs performing air work in the Shop's main
area, which it observes was the result of a special verbal agreement. It
asserts that this understanding did not contemplate the inclusion of jobs
outside these areas and avers that it properly assigned the work to members
of the Carmen's craft consistent with the Classification of Work Rule.
In our review of this case, we concur with Carrier's position. From the
record and specifically from our examination of the type of cork performed
with the utilization of the new welding device , we are not convinced that the
bolster repair work had considerably changed, thus warranting the conclusion
that two (2) new positions were created. We cannot disregard the on-site
observance of specified jobs in the Fabrication, Door and Air Brake Shops as
contrasted with the areas that do not require specified jobs and these
important pivotal distinctions are persuasive. The work was properly
assigned to Carman welders in a manner that was in accordance with the Controlling Agreement and the practices observed and agreed upon by the parties
at the Springfield, Missouri Consolidated Freight Car Shops.
Form 1
Page 3
Award No. 10490
Docket No. 10096
2-BN-CM-'85
A WAR D
Claim denied.
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1985.