Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10711
SECOND DIVISION Docket No. 9872-T
2-BN-CM-'86
The Second Division consisted of regular members and in
addition Referee John J. Mikrut, Jr. 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, Inc. violated the provisions of the
current controlling Agreement when it improperly assigned other than Carmen to
perform Carmen's duties, that of repairing freight cars, on February 25, 1981,
at Springfield, Missouri.
2. That accordingly, the Burlington Northern, Inc. be ordered to
compensate Carman L. G. Stokes four (4) hours at the carman welder's pro rata
rate.
3. That this violation not be repeated.
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 February 25, 1981, Laborer E. Hamp, an employee in the Fireman and
Oilers craft at Carrier's Springfield, Missouri car repair facility, was
assigned to operate a fork-lift as a part of his normal duties. At approximately 10:40 A.M. on said date, while in the course of his duties, Laborer
Hamp used his fork lift to pick up a coupler body; he transported it to the
"B" end of rail car SL-SF 104704; and positioned it so that it could be
installed into said rail car by employees of the Carmen's craft. Subsequent
to this incident, a claim was filed which contended that the work which was
performed by Laborer Hamp was work which contractually and historically had
been assigned to and performed by employees of the Carmen's craft; and, in
remedy of the alleged violation, it was requested that Carrier compensate
Carman L. G. Stokes for four (4) hours at the Carman Welder's pro rata rate.
Form 1 Award No. 10711
Page 2 Docket No. 9872-T
2-BN-CM-'86
Without protracting the disposition of this dispute unnecessaily,
suffice it to say there are several reasons which convince the Board that -
Organization's position herein cannot be sustained. The more significant of
these reasons are as follows:
First, and perhaps most significantly, Organization has failed to
establish that employees of the Cayman craft possess the exclusive right to
perform the disputed work (Second Division Award 8966).
Second, Organization has failed to show that there is a system-wide
practice of assigning such work exclusively to employees of the Caymans' craft
(Second Division Award 8831).
Third, Organization has further failed to overcome the persuasiveness
of Carrier's argument, which has been supported by documented evidence and
which has not been rebutted by Organization, that the disputed work has
regularly been performed by other than Carmen at Carrier's Springfield,
Missouri facility.
Fourth, while Organization's proffered job bulletins for the
positions of Lead Cayman-Supplyman and Cayman-Supplyman clearly indicate that
part of the requisite duties of said position entail the "supplying of
material" to carmen, there is no indication in said documents (or anywhere
else in the record) that such work was to be performed exclusively by
employees of the Carmen's craft or that such work could not be performed by
employees of some other craft (Second Division Awards 4965, 8831 and 9062;
Third Division Awards 7031, 12795 and 19841).
Fifth, and finally, Organization's characterization of the disputed
work which was performed by Laborer Hamp on the morning of February 25, 1981
is variously referred to by Organization either in its Statement of Claim or
elsewhere throughout its Submission as "repairing freight cars," "assisting
carmen in the performance of their duties," "supplying and assisting carmen in
the performance of their duties," and "installing a coupler body in the 'B'
end of rail car SL-SF 104704." Over and above the fact that the proven extent
of Laborer Hamp's activities on the day in question could hardly be considered
as "repairing" or "installing," Organization's lack of consistency in presenting its facts and/or arguments in this dispute can only be viewed as being
detrimental to its overall presentation. This determination, when considered
in combination with those which have been adduced hereinabove, convince the
Board the Organization's basic contention in this dispute cannot be supported.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
At
Nancy J. D r - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of January 1986.