Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11603
SECOND DIVISION Docket No. 11464-T
88-2-87-2-123
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(International Brotherhood of Firemen & Oilers
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
1. That in violation of the current agreement, Mr. Arthur Hogg, Jr.,
was furloughed at the end of shift January 14, 1987.
2. That other than members of the Firemen and Oilers (Machinists and
Carmen) have been assigned and performed the duties that were previously performed by Mr. Arthur Hogg, Jr.
3. That Mr. Arthur Hogg, Jr. should immediately be returned to active
service from his laid off status and that he be compensated for this continuing violation of the Agreement beginning January 14, 1987 with eight (8) hours
per day at his regular applicable rate of pay, forty (40) hours a week until
the work he was previously performing is once again assigned to him.
4. That the Carrier will reinstate retroactively, Mr. Hogg's entire
Health and Welfare Plan, seniority and vacation benefits as provided for under
the current agreement.
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 Organization claimed violation of Rule 1 of the Agreement when
the Carrier assigned work previously performed by the Claimant to other crafts
at its East St. Louis facility. This Rule is reproduced in pertinent part
below:
Form 1 Award No. 11603
Page 2 Docket No. 11464-T
88-2-87-2-123
"Rule 1: Scope
These rules govern the hours of service, working condi
tions, and rates of pay of the classes of employees
shown below working in and about shops, power plant,
train yards and engine terminals in the Maintenance of
the Equipment Department:
1
8. Engine Washer
9. Engine Wiper
10. Fire Builder
14. Hostler Attendant
16. Laborers - Car Department
17. Laborers - Cinder Pit
18. Laborers - Coal Chute
19. Laborers - Roundhouse
20. Laborers - Shop
21. Locomotive Supplymen
22. Lubricator Fillers
23. Lye Vat Attendants
24. Operators of Motor Trucks and Tractors
25. Operators of Truck Cranes
26. Sandhouse Men
and all other work generally recognized on St. Louis,
Southwestern Railway Company as work belonging to
the Employees covered by this agreement."
The Carrier furloughed the Claimant at its East St. Louis facility.
The Organization claimed there was enough work available at this facility to
justify the employment of the Claimant as a full-time laborer, and as such,
the work contractually belongs to the Claimant. The Organization asked that
the Claimant be returned to duty with all rights and benefits intact.
The Board notes that the IAM and Carmen were notified of the pendency
of this dispute. Neither organization claimed or disclaimed the work in
question.
The Carrier contended that a time study showed that not enough work
is available to justify the employment of a full-time laborer. This was due
to a decline in business, which is economically justified. The Carrier further noted the Scope Rule is general in nature and the work in question is not
performed on a systemwide basis and cites a number of Awards of this Division.
In addition, the Carrier cited procedural arguments in that the Claim was
amended and not submitted to the proper Carrier Officer.
Form 1 Award No. 11603
Page 3 Docket No. 11464-T
88-2-87-2-123
The Board finds the procedural arguments raised by the Carrier not
to be persuasive under the circumstances of this case. With respect to the
merits, the Board finds the Scope Rule to be of a general nature and while it
must be given meaning it does not clearly and exclusively assign the work in
question to members of the organization. Likewise, the organization has failed to bring forth sufficient evidence that it has historically performed this
work exclusively on a systemwide basis (see Second Division Awards 9949 and
11151). Therefore, the Claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J,l~ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1988.