Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11664
SECOND DIVISION Docket No. 11536
89-2-88-2-46
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM:
1. That the Duluth, Missabe and Iron Range Railway Company violated
the terms of our current Agreement, particularly Rules 6 and 24, when they
arbitrarily assigned Missabe Division carmen to perform routine repair work at
Two Harbors which is part of the Iron Range Division.
2. That accordingly, the Duluth, Missabe and Iron Range Railway
Company be ordered to compensate Carman W. R. Willow in the amount of eight
(8) hours pay at the time and one-half (i.5) rate for February 6, 1987.
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.
On February 6, 1987, a pellet car derailed in Carrier's Two Harbors
Yard. Two Carmen, with regular assigned hours from 8:00 AM to 4:00 PM, were
dispatched at 7:00 AM, as a wrecking crew, from Proctor to the site of the
derailment. At about 10:30 AM the track was cleared. Both Carmen remained on
duty at Two Harbors, working on other ordinary car repairs, until about 2:00
PM when they left to return to Proctor.. They arrived at about 3:00 PM and
went off duty. For this service they were paid their regular wages plus one
hour overtime covering the travel time occurring before their regular starting
times. They were also allowed a 60E per hour wage differential for the entice
period of time that they were away from the Proctor Yard.
Form 1
Page 2
Award No. 11664
Docket No. 11536
89-2-88-2-46
On the date of the derailment, Claimant a Carman at Two Harbors,
filed a time slip seeking 8 hours overtime pay, contending that Rule 24 was
violated. This time slip was rejected on the basis that:
'...
no provisions in the Agreement that prohibits Missabe Division Carmen from working on a
temporary basis at Two Harbors."
When appeal was taken to Carrier's Superintendent, Rule 6 (b) was also cited.
Rule 6 (b) reads:
"Record will be kept of overtime worked and
made available to the committee of the craft
involved. Local officers and local committees
will cooperate with a view of distributing
overtime equally so far as it is possible,
subject to the ability of employees to perform,
successfully, the work on which the overtime is
required. Unless otherwise agreed to between
the local officers and the local committee of
the craft involved, each employee will only
participate in overtime worked in the particular
shop, yard, or roundhouse to which assigned."
Rule 24 B provides:
"The following seniority provisions will apply
to the Carmen's craft:
1. Effective March 21, 1969, any carman helper
or apprentice hired subsequent to said date
shall be granted seniority on a common roster
and shall perform work on the system.
The present carmen, carmen helper and apprentice
seniority rosters shall be maintained and employees holding seniority on only one roster as
of March 21, 1969 will not be forced to accept a
permanent assignment on the other division.
Employees holding dual seniority as of March 21,
1969 must make a determination as provided for
under present rules as to returning to their
original district.
Employees having seniority prior to March 21,
1969 may be used to perform temporary, or
emergency work, including road and wrecking work
on the system, and employees will, if entitled
thereto, be granted expenses as provided for in
Rule 3 dur11R such service.
Form 1 Award No. 11664
Page 3 Docket No. 11536
89-2-88-2-46
When an employee having Division seniority in a
particular class as of March 21, 1969 cannot
hold a position on his Division, such employee
shall have the right within five calendar days
of his furlough to displace any junior employee
holding common seniority who is working on the
other Division. If the furloughed employee
fails to comply with the foregoing, the employee
will not be able to displace a junior employee
holding common seniority until he returns to
service and is again furloughed on his Division.
This agreement supersedes all rules, agreements,
memoranda and understandings in conflict therewith.
(Local Agreement 3-21-69)
Employees represented by the Brotherhood of
Railway Carmen who are assigned at Keenan and/or
Iron Junction may perform car inspection, repair
and servicing at any point north of and including Skibo on the Iron Range Division. Employees
represented by the Brotherhood of Railway Carmen
who are assigned at Proctor and/or Missabe Junction may perform car inspection, repair and
servicing at any point south of and including
Lester Park on the Iron Range Division."
In our opinion the Organization has failed to make a case that Rule
6 (b) supports its Claim. From the facts before us, there is no showing that
the two individuals used in the rerailing operation, Carmen who were regularly
designated members of a wrecking crew, worked any overtime other than the hour
before their scheduled starting times, which was spent traveling to the site
of the derailment. It is clear that that portion of Rule 6 relied on by the
Organization reading:
'...
each employee will only participate in
overtime worked in the particular shop, yard or
roundhouse to which assigned..."
was not violated.
It is also our opinion that Rule 24 B does not support the Organization's Claim. The language of Rule 24 B does not fence in the work of the
two Divisions of the Carrier so as to preserve to employees of one Division
work on that Division to the exclusion of employees from the other. Instead,
what the Rule accomplishes, in our opinion, is the removal of barriers between
Carrier's two Divisions.
Form 1 Award
No. 11664
Page
4
Docket
No. 11536
89-2-88-2-46
We cannot find any language in Rule 24 B which supports a contention
that the rights of an employee on one Division are breached when an employee
from another Division works at his location. In our judgment, the Rule is
just not structured in this direction. Instead, it protects certain senior
employees from being force assigned to a different Division on a permanent
basis.
It is manifest that Rule 24 B replaced former separate Division
seniority arrangements with System seniority. Any individual hired into the
Craft of Carmen after March 21, 1969, was placed on a common roster and could
perform work on the entire System. Those employees having seniority prior to
March 21, 1969, retained rights on the Division to which assigned and could be
used on temporary work, or emergency work, elsewhere on the System, but were
protected against force assignment, on a permanent basis, off of their original Division.
Accordingly, we do not find the Organization's Claim to be supported
by the Rules of the Agreement cited on the property and relied on before this
Board. It will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest.
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 1st day of March 1989.