Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11400
SECOND DIVISION Docket No. 11033
88-2-85-2162
The Second Division consisted of the regular members and in
addition Referee George S. Roukis 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 agreement
of December 16, 1970, Rule 24 and Rule 25 of the Controlling Agreement
when
they used Carmen from Van Buren, Arkansas, to rewheel Freight Car MPR 15021 at
Vain, Oklahoma, February 13; 1984.
2. That the Missouri Pacific Railroad Company be ordered to compensate Carmen J. L. McKee and F. G. Goins in the amount of eight (8) 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 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.
In this dispute, which is a companion case to Second Division Award
11399, the Organization charges that Carrier violated the December 16, 1970,
Agreement and Rules 24 and 25 of the controlling Agreement, when Carmen from
Van Buren, Arkansas were used to rewheel Freight Car MPX 15021 at Vain,
Oklahoma on February 13, 1984. It is the Organization's position that the
December 16, 1970, Agreement specifically restricts such work to Carmen
employed at Coffeyville and Muskogee and consequently, Carmen employed at
other points on either the Missouri Pacific or Texas and Pacific Railroads
were not entitled to this work. In effect, the Organization asserts that
Claimants had exclusive right to rewheel the freight car at Vain, Oklahoma.
Form i Award No. 11400
Page 2 Docket No. 11033
88-2-85-2-162
In rebuttal, Carrier maintains that the Organization has not demonstratedthe applicability of Rules 24 and 25 to this disputed work situation
and more pointedly, the December 16, 1970, Agreement is now moot, since the
September 16, 1981, Agreement between the aforesaid railroads and the Brotherhood of Railway Carmen cancelled the labor contract on the former Texas and
Pacific Railroad and placed all Carmen under the effective coverage of the
Missouri Pacific's Agreement. It observes that the two railroads had become
one and the Missouri Pacific Agreement then applied to the Consolidated Rail
System.
In considering this case, we concur with Carrier's position. As
we pointed out in Second Division Award 11399, the 1981 systemwide Agreement
superseded all prior Agreements on the Texas and Pacific and the seniority
provisions on the Missouri Pacific were uniformly applicable to all Carmen on
the Consolidated property. Moreover, from an important operational perspective,-it would indeed be impractical, if in the absence of clear contrary language, the systemwide Missouri Pacific Agreement was qualified or restricted
by prior Agreements coordinating Carmen's work on two separate rail properties. We believe.that the manifest intent of the 1981 Agreement was to provide systematic uniformly Agreement Rule application and enforcement. This is
further evident by Sections 2 and 3 of the 1981 Agreement, which nullified all
understandings, Interpretations and Agreements previously in effect on the
former Texas and Pacific Railroad.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. eg~Wr - Executive Secretary
Dated at Chicago, Illinois this 6th day of January 1988.