Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10932
SECOND DIVISION Docket No. 9944
2-CRC-EW-'86
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the current Agreement, the Consolidated Rail Corporation (Conrail) improperly assigns communications and radio work to others,
following transfer of the Danville Secondary Track, also Fowler and Sheldon
Secondary Tracks from the Southern Region to the Western Region effective
January 1, 1981.
2. That accordingly, the Consolidated Rail Corporation (Conrail) be
ordered to additionally compensate District Linemen H. M. Faulk and D. K.
Edwards; Gang Linemen - Gang No. 11 - D. Gross, J. T. Marsee, J. R. Paddick,
E. D. Hammond; and Radio Maintainers E. L. Bean and L. L. Hawkey; on an equitable basis for any and all communications service and maintenance (to include
polelines, wires, telephone and radio) work performed by others not authorized
under the Agreement to be so assigned, from January 1, 1981 and continuously
thereafter until all such work is restored to the employes to whom it properly
belongs under the Agreements, particularly the Claimants.
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 centers on Carrier's reorganization of work from one
Carrier Region to another, and its concurrent reassignment of which employee
seniority district shall perform that work.
The issues became particularly complex because of the consolidation
of a number of railroads and Agreements and Unions into CONRAIL.
Form 1 Award
No.
10932
Page 2 Docket
No.
9944
2-CRC-EW-'86
The relevant portions of the Agreement involved are:
"Agreement Effective May 1, 1979, Appendix C.
"3. The implementing Agreements of July 23, 1975
and March 11, 1976 (as amendment March 28, 1976),
except Article VII, between the International
Brotherhood of Electrical Workers and Consolidated
Rail Corporation remain in effect.
8. Pending resolution of the cross representation
problem, this Agreement shall apply to Communi
cation Department employes represented by the
International Brotherhood of Electrical Workers
except their rates of pay, basis of pay and
seniority
and other special rules shall remain
unchanged. (Emphasis added).
March 11, 1976 Agreement
I.A. The existing seniority districts and rosters
for employes in the electric traction and communi
cation departments will remain in effect upon
conveyance.
I.B. The term 'prior seniority district' as used
in this agreement refers to the point, location,
division or territory covered by the employee's
prior seniority roster.
October 1, 1979 Agreement
1. All existing Radio maintainer seniority rosters
shall be dovetailed into a single Conrail system
seniority roster. Prior rights shall be maintained
to positions headquartered within the territory of
a prior right district. In establishing this
roster the principle of the March 11, 1976 Imple
menting Agreement shall be followed."
Carrier asserts its right to reorganize its Regions, and the work of
those regions. We find nothing that removes that right as it relates to the
management of Carrier's property. However, reorganization of Divisions and
geographic territories in terms of Carrier's method of supervision and management is an issue entirely separate from seniority rights to specific work at
specific locations.
In that regard, Carrier entered into very detailed and complex
agreements with the organization recognizing historic relationships between
specific work, locations of that work, and the seniority district and even
people within that seniority district who have the right to perform that work.
Form 1 Award No. 10932
Page 3 Docket No. 9944
2-CRC-EW-'86
Thus, if Carrier decides that the Danville, Fowler, Sheldon Secondary
Tracks are to be transferred from the Southern Region to the Western Region,
it has the managerial right to do so. It does not, however, have the unilateral right to automatically change the coverage of the Seniority Districts
involved. If Carrier had that right, there would be little point in reaching
agreements dealing with seniority districts. In fact, Carrier acknowledges
that it does not have such a right by virtue of the elaborate seniority Agreements it did reach. Therefore, since these geographic areas (Danville, Fowler
and Sheldon Tracks) covered work and people which is under the coverage of the
Southern Region Seniority District that work must remain under that District
and be filled by the people with an historic right to it until changed by
Agreement between the Carrier and the Organization, in accordance with the
procedures of the Agreement and the Railway Labor Act.
The Organization names specific Claimants who have a seniority right
to have performed this work. The Organization does not make it clear that
these individuals have suffered any financial loss or other harm as a result
of the Carrier's actions. This should not be a difficult matter to establish,
since Carrier's records should so indicate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:..
ancy J. - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of July 1986.