Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10770
SECOND DIVISION Docket No. 10454
2-MP-CM-'86
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company Note to Rule 5 (sic) of the
controlling Agreement when they did not use the incumbent of the
Piggy Back Track on the holiday of September 6, 1986.
2. That the Missouri Pacific Railroad Company be ordered to compensate
Carman J. J. Jenkins in the amount of twelve (12) hours at the
pro rata 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.
The Carrier operates and maintains a train yard and repair facility at
Houston, Texas known as Settegast. A Piggy Back Track constitutes part of the
operations at the Settegast facility. On the date of the instant claim, the
Claimant held a first shift Carman's assignment bulletined to work at the
Piggy Back Track.
On September 6, 1982, Labor Day, the Claimant was advised that he would
not work on this holiday. Carmen Johnson and Reed were scheduled to work on
the first shift at Settegast Yard. Due to the holiday, several regularly
scheduled trains were annulled, thereby diminishing the work that had been
anticipated for Carmen Johnson and Reed. As a result, the Supervisor on duty
assigned Carmen Johnson and Reed to work the cars on the Piggy Back Track
which were scheduled to depart that evening on the HDZ train. The assignment
of Carmen Johnson and Reed prompted the instant claim to be filed.
Form 1
Page 2
Award No. 10770
Docket No. 10454
2-MP-CM-'86
The Organization contends that by assigning Carmen Johnson and Reed to
work the cars on the Piggy Back Track on Labor Day, the Carrier violated the
Note to Rule 5 which, in relevant part, provides as follows:
"Men will be assigned from the men on each shift
who would have the day on which the holiday falls
as a day of their assignment if the holiday had not
occurred and will protect the work."
Under the Note to Rule 5, it is claimed by the Organization that as the
assigned Carman to the Carrier's Piggy Back Track, the Claimant is the
incumbent of the job and is the only employe who would have worked the job had
the holiday not occurred.
After carefully examining the record, the Board concludes that the instant
claim should be denied. The assignment of the Piggy Back Track job to the
Claimant does not mean that he has rights to all work at the Piggy Back Track
to the exclusion of train yard Carmen. In fact, train yard Carmen such as
,Johnson and Reed have regularly and routinely worked at the Piggy Back Track
inspecting and repairing cars, particularly those cars associated with Train
HDZ. There is no job bulletined to work at the Piggy Back Track, and partly
in the Settegast train yard. However, Carmen from the train yard are often
sent to the Piggy Back yard to inspect and repair cars. Since the Claimant's
job is not bulletined to work in the train yard and train yard jobs [e.g.
Carmen] perform work at the Piggy Back Track, the work that was performed was
within the job duties of a Carman rather than the job of the Claimant.
It is true that Train HDZ departs on the second shift. Under normal
circumstances much of the work associated with this train is performed on the
second shift by train yard Carmen. On September 6, the Supervisor assigned
Johnson and Reed on the first shift to inspect and prepare the HDZ cars for a
timely departure on the second shift. Accordingly, they performed the work
that second shift train yard Carmen have customarily performed in the past.
Furthermore, the Claimant's primary responsibility, namely, the maintenance of
Piggy Back stanchions were not performed on September 6, 1982. It should also
be noted that ordinarily two (2) Carmen perform the outbound air brake
inspection on the loaded cars; the Claimant has never given an air brake test
to Train HDZ.
Based on the record, the Claimant's job was not filled by Carmen Johnson
and Reed on September 6, 1982, Labor Day. They performed the work of train
yard Carmen on that day. Accordingly, the instant case is unlike Second
Division Award No. 8094 which is referred to by the Organization in support of
its position. In Award No. 8094 a Truck Driver installed plates on two (2)
cars at the Piggy Back Track at the Settegast facility on Good Friday, a
holiday. Apparently the work in question was work which would have been
ordinarily performed by the Claimant. In this case, the work performed by
Carmen Johnson and Reed on September 6, 1982 would not have been performed by
the Claimant. The Board concludes that the Carrier did not violate the Note
to Rule 5, and thus, the instant claim should be denied.
Form 1 Award No. 10770
Page 3 Docket No. 10454
2-MP-CM-'86
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: i
ancy J. ear - Executive Secretary
Dated at Chicago, Illinois, this 5th day of March 1986.