Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10547
SECOND DIVISION Locket No. 10296-T
2-SCL-MA-185
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
That the Seaboard Coast Line Railroad Company violated the controlling
Agreement, particularly Rules 51 and 26 (a) on August 27, 1981 when two
Carmen were dispatched from Winston Shop to Mulberry Yard and assigned to
perform Machinist work including the application of two brake shoes on Unit
No. 1853.
That accordingly, Machinists F. Johnson and R. Leavens who were
available and employed at Winston Shop be paid four (4) hours each at the
overtime rate.
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.
This dispute is in behalf of two Machinists, F. Johnson and R. Leavens,
who are employed at the Carrier's Winston Shop. On August 27, 1981, two
Carmen assigned to an over-the-road truck (Grace Truck) installed two brake
shoes to a locomotive at the Mulberry Yard. The Organization argues the
application of brake shoes is recognized as Machinist work.
The Carrier views the dispute to be whether or not there is an existing
Agreement Rule which requires it to send a Machinist(s) to an outlying point
where Carmen are employed to perform minor maintenance to a locomotive. It
points out that Carmen have historically performed such work at Mulberry,
Florida, in accordance with Rule 26(a). The carrier states no machinists are
employed at Mulberry, and, as stipulated in Rule 26(a), the Carmen Mechanics
at Mulberry may perform the work of any Craft. Rule 26(a) reads:
G
Form 1 Award No. 10547
Page 2 Locket No. 10296-T
2-SCL-MA-185
"At points where there is not sufficient work to justify employing
a mechanic of each craft, the mechanic or mechanics employed at
such points will, so far as they are capable of doing so, perform
the work of any craft that it may be necessary to have performed."
The record discloses the Carmen acknowledge the work in question herein
has been contracted to the Machinists under Rule 51 of the controlling
Agreement. The Carmen, however, argue that Mulberry is not an outlying point
for Carmen.
Apparently, on or about August 16, 1981, the Carmen Seniority Rosters
for Lakeland, Winston and Mulberry were consolidated into one Roster
maintained at Winston, Florida. Notwithstanding the fact the Carmen were no
longer physically and regularly reporting to work at Mulberry, the Carrier
argues the seniority merger did not diminish the seniority rights of Carmen
who are regularly assigned to protect this work at Mulberry.
For fifteen years or more, Carmen assigned to Mulberry made repairs to
locomotives. There is no question that, under the provisions of Rule 26(a),
this assignment of work was proper while a Carman was employed at Mulberry.
When, however, the Carrier and the Carmen chose to remove the Carmen from
Mulberry and headquarter them at Winston, this Board finds no basis to
conclude a Carman, by reason of a consolidating Seniority Roster, is, in
fact, "employed at such point."
We find the language of Rule 26(a) to be clear and unambiguous. The use
of the phrase "employed at such point" is specific and limiting. The Carmen
in question have an employment point of Winston with a consolidated Seniority
Roster. The work of each respective Craft is determined by the pertinent
Classification of Work Rules set forth in the controlling Agreements. Rule
26(a) is an exception to such rules and, under quite specific terms, sets
forth the conditions of exception. Based on the facts as presented, there is
no substantive evidence to establish Carmen were employed at Mulberry.
Accordingly, this Board will allow the claim at the pro rata rate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST:
`7Vancy JZ"r'- Executive Secretary
Dated at Chicago, Illinois, this 18th day of September 1985.