Form 1 NATIONAL RULILROAD ADJUSTMENT BOARD Award No. 10939
SECOND DIVISION Docket No. 10629
2-MP-CM-'86
The Second Division consisted of the regular members and in
addition Referee Jonathan Klein 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 violated the
controlling Agreement when Carmen holding seniority at McGehee, Arkansas
performed carman craft work at Monroe, Louisiana, in place of carmen holding
seniority at Monroe, Louisiana_ December 21, 1982.
2. That the Missouri Pacific Railroad Company be ordered to
compensate Carmen R. J. Wills and 0. L. Howard in the amount of six (6) hours
each at the punitive 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 ,Tune 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 December 21, 1982, Claimants were employed at the Carrier's train
yard and repair point located at Monroe, Louisiana, an outlying point to the
home point known as McGehee, A;^kansas. On that date, the Carrier called two
Carmen who held seniority at McGehee and assigned them to perform repairs on
the first shift to a backlog of bad-ordered cars located at Monroe.
The Claimants' request that an award of compensation issue based upon
their original point seniority at Monroe, Louisiana, and the fact they were
never called to perform the disputed repair work pursuant to Rules 24 and 117.
Rule 24 states in pertinent part:
"(a) Seniority of employees in each craft
covered by this ,Agreement shall be confined
to the point and seniority subdivision
employed."
Form 1
Page 2
Rule 117 provides, in pertinent part:
"(c) Seniority will be acquired at one-man
points and at outlying points when men are
regularly assigned to positions at such
points and their seniority will be confined
to that point. Men who bid for and are
assigned to one-man points or outlying
points, using their seniority at their home
point, will retain seniority at the home
point but may not return to the home point
and exercise seniority unless they are no
longer able to hold a regular assignment at
the one-man point or outlying point, and
when seniority is exercised at the home
point, they will no longer hold seniority at
the one-man point or outlying point."
Award No. 10939
Docket No. 10629
2-MP-CM-'86
There are unrefuted allegations by the Carrier in the record that the
Claimants had removed their names from the Overtime Board at Monroe prior to
December 21, 1982, and had refused calls for overtime in the past. Of the two
Carmen listed on the Monroe Overtime Board, one Carman had laid off and the
remaining employe refused to work overtime. Of the five regularly assigned
Carmen employed at Monroe, one of the five was laying off, and another
(Claimant Howard) was on vacation. Claimant Wills worked and was paid for his
regular first shift Carman assignment on the date the Claim accrued.
For a reason never established in the record, a significant backlog
of bad-ordered cars had developed at Monroe, and to use the Carrier's expression, "time was of the essence" for making the necessary repairs. The operational needs of the Carrier, unrebutted by the Organization, dictated that
this backlog of cars at Monroe had to be addressed by a larger work force on
December 21, 1982. Furthermore, the record establishes that the Claimants
were never contacted and offered the overtime work due to the fact they had
removed their names from the Overtime Board, and consistently refused overtime
work.
The Board finds, under these facts and circumstances, that the
scheduling of the necessary repairs was within Carrier's managerial discretion
and prerogative, not limited by statute or agreement. Second Division Award
No. 6971. The Board further finds that both Claimants had removed themselves
from consideration for the work at issue by removing their names from the
Overtime Board, their refusal to perform overtime work in the past and in
Claimant Howard's case, his physical absence due to vacation. As a result,
the Board finds Carrier did not violate the seniority provisions of the
applicable Agreement and the Claim must be denied.
Form 1 Award No. 10939
Page 3 Docket No. 10629
2-MP-CM-'86
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J,-/Ger - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of July 1986.