Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11443
SECOND DIVISION Docket No. 10921--T
88-2-84-2-432
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(International Brotherhood of Firemen and Oilers
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That for a period in excess of (60) days Machinists and a Clerk
have been assigned to and performed the work that has historically and by
Agreement Rule 2 Classification of Jobs Group C of the Agreement dated July 1,
1979, been assigned to the (Laborers) Firemen and Oilers.
2. The Laborers work being performed by Machinists and a Clerk at the
Shop in Pensacola is, servicing and supplying trains (including filling fuel &
sand tanks, washing windows, cleaning cabs, placing ice water and towels in
cabs on engines; also radiator water, and all other required and needed
supplies for engines). This work is being performed on yard units, road units
and switch engines. The Pensacola yard is servicing an average of 5 to 6
engines per day. A list of train numbers is attached for your reference.
There is also a daily Pensacola yard engine (42113) and a switch engine
located at Canlonment (42331) to be serviced daily in addition to trains mentioned on the attached list. The Machinists are cleaning and organizing the
supply room, compressor room, fuel and pump room, locking the doors of those
rooms and checking the area. Machinists are also assigned to clean the Locomotive turntable, clean diesel shop floor and area surrounding, empty large
trash cans into dumpsters, clean area surrounding trainmaster's office, clean
oil pans and oil pit, load supplies onto road truck and wash and clean the
road truck.
3. That this work which amounts to approximately (40) hours per week
should rightfully and immediately be once again assigned to Mr. Robert L.
Wallace, a member of the Firemen and Oilers.
4. That Mr. Robert L. Wallace be immediately returned to active service from his laid-off status. Further that Mr. Wallace be compensated for
this continuing violation of Rule 1 (a) - (b) and Rule 2 (a) Group C 8 and l._0
of the Controlling Agreement.
5. That Mr. Robert L. Wallace's compensation, retroactive sixty (60)
days, will include but not be limited to eight (8) hours per day forty (40)
hours per week until the work in question is once again properly assigned to
the Firemen and Oilers. That the Carrier will reinstate, retroactive Mr.
Wallace's entire Health and Welfare Plan, Seniority, and Vacation Benefits as
provided for under the current Agreement.
Form 1 Award No. 11443
Page 2 Docket No. 10921-T
88-2-84-2-432
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 International Association of
Machinists and Aerospace Workers and Brotherhood of Railway, Airline and Steamship Clerks were advised of the pendency of this dispute. The International
Association of Machinists and Aerospace Workers filed a Submission with the
Division. Brotherhood of Railway, Airline and Steamship Clerks did not file a
Submission with the Division.
The record reveals that the Claimant had been assigned to the Carrier's Pensacola Yard, sharing work with two (2) other employees. After this
work diminished, the Claimant was furloughed. At the time of the claim, a
Machinist, who remained assigned, performed what work which remained.
The Board observes that, while certain procedural contentions have
been advanced in this matter, we conclude that the claim may best be resolved
on its merits.
With respect to these, we understand and are not unappreciative of
the Organization's arguments on behalf of the Claimant. However, from our
review of the record, we are convinced that the work at issue did significantly diminish.
Moreover, in the particular circumstances prevalent herein, we find
that the work claimed was not exclusive or reserved to the Claimant. Further,
Appendix 6(c), which in pertinent part reads:
"...At outlying points where there is not sufficient
work to justify employing an employee of the Firemen
and Oilers Group, the Carrier may have such work performed by others...,"
provides legitimacy to the action of the Carrier.
In view of all the foregoing, we will deny the claim.
Form 1 Award No. 11443
Page 3 Docket No. 10921-T
88-2-84-2-432
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J /Wer - Executive Secretary
Dated at Chicago, Illinois, this 6th day of April 1988.