Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10716
SECOND DIVISION Docket No. 10097-T
2-SCL-CM-'86
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:
(Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the
controlling agreement when a machinist was utilized to do carmen's work when
he operated the wrecker at Florence, South Carolina on March 9, 1981 from 7:00
a.m. until 3:00 p.m.
2. That accordingly, the Seaboard Coast Line Railroad Company be
ordered to compensate Carmen T. C. Bailey, Jr., in the amount of eight (8)
hours at overtime rate of pay for said 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.
In this dispute, it is the Organization's position that Carrier
violated the Controlling Agreement when a Machinist was used on March 9, 1981
to operate a wrecker derrick to change out the trucks under Diesel Unit 746 at
Florence, South Carolina. Essentially, the Organization asserts that irrespective of the end use, the operation of a wrecker derrick is indisputably
Carmen's work and thus, a Cayman should have been called to perform the aforementioned work. The Organization observes that by contract and past practice,
Carmen have historically bid in jobs as Wrecker Engineers and have performed
the same work as claimed in the instant petition. It does not contest the
Machinist Craft's right to change wheels and trucks under diesel locomotives,
but maintains that only Carmen have the Agreement protected right to operate
the wrecker derrick.
Form 1 Award No. 10716
Page 2 Docket No. 10097-T
2-SCL-CM-'86
Carrier argues that it was proper for the Machinist to operate the
wrecker derrick crane, since none of the Rules cited by the Organization, i.e.
5, 6, 8, 99, 101 and 103 preclude a Machinist from operating a crane or
derrick to change out trucks. It avers that no wrecking service was actually
or implicitly performed and, as such, Rules 100 and 103 are inapplicable since
they only apply to wrecker service. It asserts that no wrecking crew was
called on March 9, 1981 to perform this work and notes that it has been the
practice for employees other than carmen to operate the derrick crane when
making repairs. It submitted three written statements to substantiate this
point.
In considering this case, we concur with Carrier's position. The
work involved in this instance was the changing of trucks under a diesel locomotive and it belonged to the Machinist Craft. From the record, we are not
convinced that the use of the derrick crane to perform machinist work was
improper under the circumstances then present, or a clear violation of the
Carmen's Agreement. It was not possible to use the mobile cranes ordinarily
used by Machinists to perform this type or work, since the locomotive was too
heavy and evidence was submitted indicating that it was normal practice for
machinists to use the derrick for similar purposes. Accordingly, in the
absence of an unmistakable showing that such work accrued to the Carmen, we
must, of necessity, deny the Claim. We take judicial notice that the
Machinist Craft filed a Third Party Response, consistent with our Rules, but
it was neutral in tone and substance and non supportive of either parties'
position.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. D a -Executive Secretary
Dated at Chicago, Illinois, this 22nd day of January 1986.