Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11409
SECOND DIVISION Docket No. 11082-T
88-2-85-2-199
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(The Atchison, Topeka and Sante Fe Railway Company
Dispute: Claim of Employes:
1. That under the provisions of the current working Agreement the
Carrier erroneously and improperly instructed and/or allowed other than Carman
to couple air hoses incidental to inspection and performing the air brake
tests on numerous trains subsequent to April 27, 1983, thereby violating Rules
36, 98 and Article V of Appendix No. 7 of the September 1, 1974 Agreement, as
subsequently amended.
2. That accordingly, the Carrier be ordered to additionally compensate J. F. DeAlva in the amount of ninety-six (96) hours at his pro rata rate
of pay for violation on April 27, 28, 29, 30; May 2, 3, 4, 5, 6, 7, 9, 10, 11,
12, 13, 14, 16, 17, 18, 19 and 20, 1983 and to continue in like amount for
each day subsequent to May 21, 1983 until such time that correction and payment have been made.
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.
As third party in interest, the United Transportation Union was
advised of the pendency of this case, but chose not to file a Submission with
the Division.
Form 1 Award No. 11409
Page 2 Docket No. 11082-T
88-2-85-2-199
Claimant is employed as a Cayman by the Carrier, at its Mobest facility near Phoenix, Arizona. Beginning in 1981, Carrier abolished certain Car
Inspector positions, changed work schedules, and altered on-duty points for
Road Switchers and Car Inspectors originally assigned to Carrier's Mobest and
Glendale, Arizona facilities, which are about six miles apart. As a result of
these alterations and as of April 27, 1983, Trainmen began to perform inspecting, testing, and coupling on the 6:30 P.M. Road Switcher at Mobest; prior
to April 27, 1983, this work was performed by Carmen at Mobest. The Organization thereafter filed a Claim on Claimant's behalf, challenging Carrier's use
of Trainmen to perform the work and seeking compensation for Claimant.
The Organization contends that it is undisputed that the work at
issue specifically and unambiguously belongs to the Carmen's craft under Rule
98 of the Agreement, the Classification of Work Rule. Moreover, Rule 36(a) of
the Agreement specifies that "[n]one but mechanics or apprentices regularly
employed as such shall do mechanics work per the Rules of each Craft," and
train crews are not regularly employed as Carmen. The Organization also
points out that until April 27, 1983, Carmen at Mobest historically have performed the disputed work, and the work generally is recognized as Carmen's
work.
The Organization argues that Carrier unilaterally and arbitrarily
violated the Agreement by using train crews to perform the disputed work. The
Organization asserts that work falling within the scope of the Agreement cannot be assigned to persons who are not covered by the Agreement. The Organization asserts that Carmen were on duty on the dates in question, and trains
left the yard after receiving air brake tests from Trainmen; Claimant was
damaged by Carrier's action and is contractually entitled to the additional
compensation set forth in the instant Claim. The Organization therefore
argues that the Claim should be sustained.
Carrier argues that there is no contractual provision that gives Carmen the exclusive right to perform the disputed work. Article V provides that
such work will be performed by Carmen when Carmen are employed and on duty in
the train yard. Carrier contends, however, that no Carmen were assigned or on
duty at Mobest during the hours that the disputed work was performed by train
crews. If Carrier were required to have a Cayman perform the work, then it
would have had to call in an off-duty Cayman. Carrier points out that under
Paragraph (c) of Article V, Carrier must continue to have Carmen perform such
work during a shift so long as there is enough work on that shift to justify
continued assignment of a Cayman. Carrier argues that because of a drastic
decline in business, there was little if any train yard work during certain
hours; Carrier therefore reduced the Car Inspector force from a three-shift to
a two-shift operation and changed shift schedules. Carrier contends that such
reductions in force and changes of assigned hours are common; the organization
did not protest either the force reduction or the changed shift schedule.
Carrier further argues that the disputed work averaged one-half hour per day,
clearly insufficient to justify employing a Cayman. Moreover, the force and
Form 1 Award No. 11409
Page 3 Docket No. 11082-T
88-2-85-2-199
schedule changes took place over a nineteen-month period in response to
decreases in available work and changing service needs; Carrier argues that
this establishes that Carrier did not deliberately take work from the Carmen.
Carrier asserts that under Paragraph (c) of Article V, it properly used Trainmen to perform the disputed work during the hours that no Carmen were assigned
to work.
Carrier further argues that the qualifications of Trainmen to perform
the disputed work are not at issue. Moreover, Trainmen historically have
performed such work on this property. The Carrier also points out that the
Organization's failure to request a joint check constitutes recognition that
there is not sufficient work to have Carmen assigned for duty round-the-clock.
Carrier therefore contends that the Claim should be denied.
This Board has thoroughly reviewed the record in this case, and we
find that there is insufficient evidence to support the Organization's
position that the Carrier violated the Agreement by assigning employees other
than Carmen to perform the designated work on the dates in question. Hence,
this Claim must be denied.
The record is clear that Trainmen have historically performed the
type of work in dispute. Moreover, it is also clear that on the date in
question, no Carmen were assigned or on duty at Mobest to perform the work.
The Carrier has suffered a decline in business which had led to a reshuffling
of their personnel. The disputed work did not justify requiring the Carrier
to keep on a full-time Carman. The Carrier was within its rights to assign the
work in question to other employees.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
00,
Attest:
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1988.