Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11501
SECOND DIVISION Docket No. 11406
88-2-87-2-70
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 Robin L. Snyder's name to be
listed on the Clinton, Iowa Carmen's seniority roster with a Carmen's seniority date of December 15, 1983.
2. That the Chicago and North Western Transportation Company be
ordered to delete Mechanic-in-Charge Robin L. Snyder's name and rank from the
Clinton seniority roster as a Cayman Mechanic, and that he be reestablished as
a Cayman Helper.
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 employees 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 facts are not in dispute. R. L. Snyder worked as an upgraded
helper at Clinton, Iowa and accumulated 531 days towards the necessary number
needed to become a Journeyman Cayman. He was listed without protest on the
1984 and 1985 seniority rosters as a Cayman Helper. Carrier listed him on the
1986 Clinton Iowa Carmen's Seniority Roster as a Cayman with a seniority date
of December 15, 1983.
In this instant dispute, the Organization protests Carrier's listing
and seniority date of him as a Cayman. Claim of the Organization is that
his name did not appear on either the 1984 or 1985 seniority rosters as a
Cayman and was not protested. Further, he did not accumulate the necessary
days worked toward Carmen's seniority as his days worked as Mechanic-in-Charge
(MIC) do not qualify.
Form 1 Award No. 11501
Page 2 Docket No. 11406
88-2-87-2-70
The Carrier argues that he qualified for Journeyman Carman and was
properly credited with the days worked as an MIC. Under the applicable 1921
Agreement, Rule 145 as amended required him to work 854 days. He attained the
proper number of days on December 15, 1983 and the 1986 Seniority Roster correctly and properly listed him as Carman. The Carrier points out that an MIC
can do any and all mechanics work. In addition, the former General Chairman's
letter of February 22, 1973 confirms that the days worked as an MIC would
count toward the accumulated number necessary to qualify as a Journeyman
Carman.
The Board's review notes that the dates under which he worked as an
MIC were those that were properly covered by the pre-1984 Agreement. In the
facts and circumstances prior to the 1984 Agreement, the February 22, 1973
letter indicates that "as a mechanic-in-charge, he is still given credit for
the days he works towards completing.." the necessary days. Under Rule 145,
he had to obtain 854 days and the record so indicates. The Board finds no
compelling probative evidence that time worked as a mechanic-in-charge was not
to be counted as acceptable experience toward Journeyman's status (Second
Division Award 11099 on this same property).
There is no indication in the record as to why he was not listed on
the 1984 and 1985 rosters as Carman. No evidence of record indicates that his
work as an MIC was anything other than mechanics work. The status of MIC's
has been considered previously by this Board. The language of the Agreement
states that:
"Any man who has served an apprenticeship or who
has had four years' practical experience at
carmen's work,... shall constitute a carman."
Such language requires an evidentiary showing that Mr. Snyder lacked
experience, as it is not refuted in the record that MIC's may do carrnen's
work. Under the Agreement, the claim must be denied for lack of evidence that
Claimant's listing on the 1986 Seniority roster was in error.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: -
Nancy Nancy J. D - Executive Secr
Dated at Chicago, Illinois, this 15th day of June 1988.