Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10720
SECOND DIVISION Docket No. 9958
2-L&N-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:
(Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That the Louisville and Nashville Railroad Company, improperly
allowed Supervisors W. Barton, J. R. Mitchell and Cayman G. T. Goins to
perform work subsequent to July 18, 1980, that has been previously performed,
prior to the abolishment of his position effective July 18, 1980, by Cayman R.
L. Poore, Sr.
2. (a) Accordingly, it is requested that the Louisville and Nashville
Railroad Company be ordered to rebulletin the position as it was bulletined on
May 10, 1979 and that
(b) The Louisville and Nashville Railroad Company should be
ordered to compensate the first out available men on the Carmen's Miscellaneous Overtime Board, at South Louisville Shops, Louisville, Kentucky,
eight (8) hours each at the time and one-half rate of pay for July 21; 22, 23,
24, 25, 28, 29, 30 and 31, 1980 and for each date thereafter until the
position is rebulletined.
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 basic facts in this case are as follows: On May 10, 1979 job
bulletin No. 88 (Torch Operator) was posted on the bulletin boards at the
South Louisville Shops. It was awarded to Cayman G. T. Goins on May 17, 1979,
who held this position until August 2, 1979, when he was displaced by Cayman
R. L. Poore. Cayman Poore held this position until July 18, 1980, when it was
formally abolished. It is the Organization's position that Carrier violated
Rules 104 (Classification of Work) and 30 (Reassignment of Work) of the
Controlling Agreement when the work assigned to the abolished position was
subsequently performed by supervisory employees. The organization asserts
Form 1 Award No. 10720
Page 2 Docket No. 9958
2-L&N-CM-'86
that Carrier does not have the contractual right to abolish a craftsman
position, and then unilaterally reassign the work to its supervision. The
duty requirements set forth in the position bulletin required in part that the
incumbent be able to read blue prints and make graphic designs.
Carrier argues that the claim is without merit or Agreement support
and should be denied. In particular, it avers that the work of reading blue
prints and making graphic designs is not exclusively reserved for the Carmen
craft, or for that matter to any other identifiable class of employees. It
maintains that the designation of specific duties in a position bulletin does
not by definition automatically extend work exclusivity, and cited Third
Division Award No. 16544 as supportive of its position. In this instance,
Carrier observes that the position of Torch Operator was initially bulletined
at the request of the Local Chairman since Carman G. T. Goins was taken off
his regularly assigned position and utilized in the Mechanical Engineers
office. Carrier notes that because Mr. Goins had drafting ability, it was
anticipated that authority could be obtained to promote him to an official
position. In essence, it asserts that it bulletined the position in response
to the Local Chairman's protest that Mr. Goins was not working his regularly
bulletined position.
In our review of this case, we agree with Carrier's position. To be
sure, the Organization is correct when it argues that Carrier is precluded
from reassigning the protected work of an abolished position to other
employees, but we are uncertain as to what specific work was improperly
reassigned. From the record, it appears that the Organization is referring to
the reading of blue prints and the making of graphic designs, but we have no
substantiating supportive evidence that such work belongs exclusively-to the
Carmen. The Organization had not detailed and verified by reference to
explicit agreement language or demonstrable system-wide past practice that the
aforesaid work exclusively was performed by Carmen, nor shown specifically
that protected Carmen's work was performed by supervisory employees. The
posting of the Torch Operator's position was a special case related to both
Carrier's work needs in the Mechanical Engineer's office and the Local
Chairman's understandable concern that a Carman not be taken off his regular
assignment, but the designation of certain primary duties, which was evident
herein, did not implicitly convey an exclusive work right to the Carmen craft.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSMENT BOARD
By Order of Second Division
Attest: , _
cy J. Dev
6.1 ,xecutive Secretary
Dated at Chicago, Illinois, this 29th day of January 1986.