Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10943
SECOND DIVISION Docket No. 11003
2-MP-MA-'86
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(Missouri ,?acific Railroad Company
Dispute: Claim of Employes:
1. Claim in behalf of Machinist P. A. Tacket in the amount of
twenty-six hours and forty minutes (26'40") at the pro rata rate, which
constitutes ten calls at the pro rata rate of two hours and forty minutes
(2'40") per call, and Machinist E. H. Johnson in the amount of twenty-four
hours (24') at the pro rata rate, which constitutes nine calls, under Rule
4(d), due to Carrier's violation of Rule 51 wherein they assigned Carmen to
perform locomotive inspections as per attachments to original letter of claim
dated December 23, 1983. Claim is continuing for subsequent violations.
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.
On October 25, 1983, a second-shift Machinist's position became open
at the Carrier's Train Yard at Palestine, Texas. There were no furloughed
Machinists to recall to the position and the Carrier was successful in filling
the position through a transfer of a Machinist on November 8, 1983. During
this time, Carmen performed locomotive inspection work in the Train Yard.
This work had previously been performed by second-shift Machinists. The two
Claimants, P. A. Tacket and E. H. Johnson, want ten and nine callouts, respectively, under Rule 4(d) of the Agreement.
Form 1 Award No. 10943
Page 2 Docket No. 11003
2-MP-MA-'86
The Organization contends the Carrier had violated Rule 51 and Rule -
52(a) of the Agreement. It argued Machinists have the exclusive right to
perform locomotive inspections and that since no Machinist was assigned to the
shift in question, the Carrier violated the Agreement. Therefore, the Carrier
had an obligation to call out the senior Machinists to perform this work. The
Organization argued the two Claimants should be paid the nineteen callouts at
the appropriate overtime rate.
The Carrier argued the second-shift job was open because the
Machinist that was normally assigned to that shift had bid on a first-shift
job. It notes there are actually two properties in the area, a Shop to
maintain cars, which employs the Claimants, and the Train Yard for inspecting
trains, which contained the opening in question. The Carrier notes it gave
the opportunity to Machinists at other locations to bid on this job, and that
it filled the position in as expeditious a manner as possible. The Carrier
denies that it is required to use Machinists from the Shop to perform jobs in
the Train Yard as these are two separate properties. The Carrier states Rule
26(b) does not require it to employ Mechanics rather than Machinists where
there is not sufficient work and that it has the right to postpone the work
performed until a Machinist is employed. During the time that the position
was open, there was not sufficient work to warrant the employment of a
full-time Machinist.
Upon complete review of the evidence, the Board finds the Claimants
in this case are on the same Roster as the jobs in question. However, they
are on separate overtime sheets and on separate properties. The Board finds
that the Carrier has the right to postpone work. Rule 26(b) allows for work
to be performed by a different Craft when sufficient work is not available to
support a full time Machinist. This is not a case where the Carrier is
attempting to bypass the Labor Agreement; it did fill the job as quickly as
possible. If this had not been the situation the case would have been decided
differently. It should be noted that this case differs from Second Division
Award 10920 in two respects: 1. The opening did not occur because of an
action taken by the Carrier; 2. The Rule as noted above does not appear in
that record. Under the narrow circumstances of this case, and for the reasons
stated above, the Board will deny this Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
-.44
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of July 1986.
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