Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11159
SECOND DIVISION Docket No. 11182
2-WT-CM-187
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute
:
(Missouri--Kansas-Texas Railroad Company
Dispute: Claim of Employes
:
1. That in accord with Rule 13 of DP 315, the Missouri-Kansas-Texas
Railroad Company be required to bulletin a job that will work vacation relief
in the yard at Parsons, Kansas.
2. That in accord with Rule 3, paragraph a, the Missouri-KansasTexas Railroad Company be required to pay Cayman P. E. Long four (4) hours pay
at the proper pro rata for service outside his bulletined hours for the dates
of January 5, 6, 7, 11, 12, 1.5, 14, 18, 19, 20, 21, 25, 26, 27 and 28, 1984.
This is in addition to the movies already received by Carman Long.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds treat:
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 Claimant is a Journeyman Cayman in service with the Carrier at
the Carrier's Carson, Kansas facility. The Claimant is regularly assigned to
the repair track in the facility and for the period January 3, 1984 to January
28, 1984 the Claimant was required to perform the duties, rest days, and hours
of service of another Carman who was on vacation during that period. The
Claimant performed these duties and, subsequently, grieved the matter.
The organization claimed a violation of Rules 3 and 13. Rule 3
states in pertinent part:
Form 1
Page 2
Award No. 11159
Docket No. 11182
2-NKT-CM-' 8 7
"Overtime and Rest Days, Holiday Service
(a) All service performed outside of bulletin
hours will be paid for at the rate of time and
one-half until relieved as otherwise provided
in this agreement..."
Rule 13 states:
"Bulletin Positions
When new jobs are created or vacancies occur in
the respective crafts, the oldest employees
in point of service shall, if sufficient ability
is shown by trial (seven (7) working days to be
considered sufficient trial), be given preference in filling such new jobs or any vacancies
that may be desirable to them. All permanent
vacancies or new jobs created will be bulletined. Bulletins must be posted five (5) days
before vacancies are filled permanently.
Employees desiring to avail themselves of this
rule will make application to the official in
charge and a copy of the application will be
given to the local chairman.
NOTE: Temporary vacancies of fifteen (15) days
or more will be bulletined. Employees filling
such temporary vacancies will be returned to
their former positions at the expiration of
temporary positions."
The Organization further stated that no vacation relief jobs were
bulletined as of September 20, 1982 in violations of Rules 13, 23 and 3(a).
The organization argued the Claimant should not be required to work vacation
relief. Rule 3 requires time and one-half pay for service outside of bulletined hours. The Carrier did not try to bargain any changes in the Agreement.
The Carrier had a vacation relief position for 12 years and bulletin position
do not have to be full-time positions. There is no extra cost to the Carrier,
and the organization noted this is not an issue of shift change but vacation
relief. The organization stated the Carrier must re-bulletin the position in
accordance with the seniority provisions.
The Carrier stated the Claimant is the junior employee. The Carrier
argued it has a long-standing practice of assigning junior employees to fill
in for vacation where vacation relief is required. This is not a regular
assignment; it is a vacation relief situation. The Carrier stated the
Claimant was not working outside of his hours while on relief, therefore,
Form 1 Award No. 11159
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2-MKT-CM-'87
there was no Rule 3 violation. The Carrier contended the organization has no
rule on which to base their Claim and, because they have the above noted
practice of using the junior individual, the Carrier had the right to proceed
in this manner. The Carrier claimed the organization wanted, by use of vacation relief positions, to increase the work force and, therefore, the costs of
the Carrier on a systemwide basis.
Upon ccnplete review of the evidence, the Board finds that, with
respect to Claim #1, Rule 13 of the Controlling Agreement does not require the
bulletining of this particular position. In addition, the Carrier had a
practice of assigning the junior employee to fill in for vacations as needed.
It is unrefuted that the Carrier, for a number of years, had vacation relief
positions; and it is within the Carrier's rights to abolish such positions.
This was not grieved in 1982 when the abolishment occurred, nor is there any
record of any grievances in 1983. Therefore, the Board will deny Point #1 of
the Claim in its entirety. With respect to Point #2, Rule 3, Section (a) does
require service performed outside of bulletin hours be paid for at the rate of
time and one-half until relieved. However, the Hoard finds that for the
period of time covered by this incident the Claimant's regular hours were
those of Carman, D. P. Matthews, and not his own regular hours. The Board
cannot find any rule nor has the organization supplied any proof that under
the circumstances of this case Rule 3, Section (a) would be applicable. None
of the Rules cited require the action that is desired by the Organization,
therefore, Part 2 of the Claim will be denied.
A W A
R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of Second Division
Attest
TNancy
J~ver - Executive Secretary
Dated at Chicago, Illinois, this 11th day of February 1987.