Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11499
SECOND DIVISION Docket No. 11404
88-2-87-2-68
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
1. The Chicago and North Western Transportation Company violated the
controlling agreement, specifically Rules 14, 15, 18, 19, 57 and 58 on March
1, 1986, when they authorized Mechanic-in-Charge L. J. Wetland's name to be
listed on the Mason City, Iowa Carmen's seniority roster with a seniority date
of March 8, 1986.
2. That the Chicago and North Western Transportation Company be
ordered to delete Mechanic-in-Charge L. J. Wetland's name and rank from the
Mason City seniority roster as a carman mechanic, and rank as a carman helper
be reinstated to the Mason City, Iowa helpers' seniority roster with a rank of
#1 with a seniority date of August 5, 1974."
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.
The essential facts are not disputed. The MIC accumulated 337 days
as an upgraded Carman Helper toward his Journeyman's status. He did so under
the prior Agreement. After the new Agreement of July 1, 1984, he took the
position of Mechanic-in-Charge (MIC). As an MIC, he was credited by Carrier
with the additional 395 days necessary to qualify as a Journeyman Carman under
Rule 57. It is the additional days credited for work as an MIC that is herein:
disputed.
Form 1 Award No. 11499
Page 2 Docket No. 11404,
88-2-87-2-68
The Board has carefully reviewed the arguments of both parties and
the facts and circumstances herein. This case must be decided on the Rules
and language of the July 1, 1984 Agreement. The former General Chairman's
letter is superseded by that Agreement. Rule 57 specifically requires that a
requisite to Journeyman status is "732 days of practical experience at carmen's work."
Second Division Award 7498 cited by the Organization is not applicable. It refers to the position of supervisor and not MIC, which by Agreement does mechanics work, including that of a carman.
Nowhere in the Agreement does this Board find direct exclusionary
language to support the Organization's position. The April 16, 1984 Memorandum includes "other employees of the carmen craft not journeyman" which as
umbrella language encompasses the instant case in consideration of journeyman's status.
The Board finds no probative evidence to substantiate Organization's
position (which was denied by Carrier) that the MIC did not have practical
experience at carmen's work. There is no language excluding an MIC from
accumulating those work days toward journeyman status. There is no evidence
of record that an MIC is in the supervisory position equivalent to foreman.
Carrier states that he "performed carmen's work" and the record does not show
otherwise. The Organization has not met its burden of proof and consequently,
the instant claim must fail.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 15th day of June 1988.