Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12044
SECOND DIVISION Docket No. 11634
91-2-88-2-122
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM:
a) That the Missouri Pacific Railroad Company violated Rules 8, 12
and 117 of the controlling Agreement when they made reduction of forces at
Baytown, Texas, Job SBA-1 and other jobs outside points - Texas City, Texas
and Spring, Texas. Missouri Pacific Railroad refused to post job for bid by
senior employes, Carmen J. Verla for November 18, 1986 at Texas City - clean
slack adjuster, MCTX 21053; R. Wood for November 19, 1986 at Baytown, Texas -
welded cross key retainers, MP 819750; J. Flores for November 20, 1986 at
Baytown, Texas - INOP Air, GATX 47605; J. St. Julien for November 21, 1986 at
Spring, Texas - knuckle and pin, GRR 1049; C. Miller for November 24, 1986 at
Baytown, Texas - INOP Air, MP 650464; P. Lundry for November 26, 1986 at Baytown, Texas - welded cross key retainers, MP 819646, MP 819616; L. Manriques
for December 3, 1986 at Baytown, Texas - INOP Air, GATX 47605; M. Reed for
December 4, 1986 at Baytown, Texas - inspected body bolster, ZIPX 33501 - MK
yard - knuckle pine, R Box 37446; R. Batiste for December 8, 1986 at Baytown,
Texas - repaired sill step, GATX 38354; and L. Askew for December 15, 1986 at
Baytown, Texas - welded cross key retainers, MP 819607, MP 819750, MP 819770.
b) That the Missouri Pacific Railroad Company be ordered to compensate Carmen J. Verela, R. Wood, J. Flores, J. St. Julien, C. Miller, P.
Lundry, L. Manriquez, M. Reed, R. Batiste and L. Askew for thirty (30) minutes
straight time for each date listed.
c) That the Missouri Pacific Railroad Company be ordered to restore
the carman's position at Baytown, Texas.
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.
Form 1 Award No. 12044
Page 2 Docket No. 11634
91-2-88-2-122
The Carrier operates a train yard, known as the Settegast Yard, and
repair track at Houston, Texas. A number of carmen hold seniority with the
Carrier at Houston.
Before November 15, 1986, the Carrier also kept a carman at Baytown,
Texas, a short distance from Houston. Carman R. A. Greaff held that position
in November 1986. Effective November 14, 1986, the Carrier abolished the
carman's position at Baytown in a reduction of force which resulted from
declining business. The Carrier determined that insufficient work remained at
Baytown to justify keeping a carman there full time. Carman Greaff exercised
his seniority to return to a position at Houston.
The record reflects that the Carrier has traditionally sent carmen
from Houston to perform carmen's work at nearby outlying points when such work
has arisen at those points. After the carman position at Baytown was abolished, the Carrier followed that practice with respect to carmen's work which
occasionally arose at Baytown. On the dates mentioned in the Claim, Greaff
was sent by the Carrier to Baytown to perform such work. In fact, on two of
the ten dates in the Claim, the work was performed not at Baytown but at Texas
City and Spring, Texas. The Carrier states that those locations were not serviced by Carman Greaff when he was stationed at Baytown.
The Organization contends that, after having abolished the Baytown
position, the Carrier was obliged to reestablish and rebulletin the position
as soon as it needed.any carmen's work done at that location. According to
the Organization, the Carrier was not free to simply send a carman from
Houston to perform carmen's work at Baytown, even though the Carrier had long
followed that practice with no objection from the Organization with respect to
carmen's work occurring intermittently at other points.
However, the Organization has not shown that its position is grounded
in the Agreement. The Organization relies on Rules 8, 12 and 117. Rule 8
("Distribution of Overtime") states:
"Rule 8
(a) When it becomes necessary for employes to
work overtime they shall not be laid off during regular working hours to equalize the time.
(b) Record will be kept of overtime worked and
men called with the purpose in view of distributing
the overtime equally. Local Chairman will, upon
request, be furnished with record."
Form 1 Award No. 12044
Page 3 Docket No. 11634
91-2-88-2-122
Rule 12 ("Filling New Positions or Vacancies") provides in pertinent part:
"Rule 12
(a) New jobs created and vacancies will be
bulletined and the oldest employes in point of
service shall, if sufficient ability is shown by
fair~trial, be given preference in filling."
Rule 117 ("One Man Points -- Outlying Points") provides in pertinent part:
"(c) Seniority will be acquired at one-man
points and at outlying points when men are regularly
assigned to positions at such points and their seniority will be confined to that point. Men who bid
for and are assigned to one-man points or outlying
points, using their seniority at their home point,
will retain seniority at the home point but may not
return to the home point and exercise seniority unless they are no longer able to hold a regular assignment at the one-man point or outlying point, and
when seniority is exercised at the home point, they
will no longer hold seniority at the one-man point or
outlying point."
The Claim filed by the Organization explains the Organization's
theory as follows:
"When Cayman Greaff's position at Baytown, Texas was
discontinued on November 14, 1986, he exercised his
seniority and returned to Houston, Texas, his home
point, in line with Rule 117 of the Controlling
Agreement. Cayman Greaff no longer holds seniority
at Baytown, Texas or any other outlying point as of
the close of shift on November 14, 1986.
The Carrier has continued to work the position at
Baytown without posting a bulletin for the outlying
point per Rule 117 for the above mentioned dates.
Rule 12 of the Controlling Agreement is being violated because the Carrier has failed to bulletin the
position at Baytown, Texas. The Carrier has not
allowed the position to be filled by the oldest employee in seniority per Rule 12. Also, the position
has been filled for more than 15 days without being
advertised per Rule 12.
Rule 8 of the Controlling Agreement is being violated
by the Carrier as meal periods for the above mentioned days are being paid to only Cayman Greaff,
thus, not distributing payment in advance of eight
hours equally."
Form 1 Award No. 12044
Page 4 Docket No. 11634
91-2-88-2-122
There is no dispute that, once the Carrier abolished the carman's -
position at Baytown, Carman Greaff no longer held seniority at that point.
But that is irrelevant to this Claim. Carman Greaff returned to Houston in
accordance with the applicable Rules, and nothing in the Rules cited by the
Organization barred the Carrier from thereafter sending him out to perform
occasional work at Baytown. Although Greaff no longer held seniority at
Baytown by virtue of Rule 117, he was eligible like any carman at Houston to
be assigned intermittently to that outlying point.
Nor was the Carrier required by the Agreement to rebulletin a vacancy
at Baytown merely because some carmen's work continued to arise there. The
Claim indicates that Greaff was sent to Baytown on only eight occasions between November 18, 1986, and December 15, 1986, and the tasks he was sent to
perform do not appear to have involved a full day's work on those occasions.
It simply does not appear that there was sufficient work at Baytown to warrant
a full-time position there. As this Board held in a similar context, in Second Division Award 10708, the Agreement:
"does not obligate the carrier to establish a regular
relief position if sufficient work is not available
for five days per week . . . . Any other construction would require the Carrier to employ a regular
relief employe five days per week even though on some
days he would be idle."
Furthermore, Rule 8 was not violated in this situation. To the
extent Carman Greaff was paid for meal periods while away from Houston, that
was in keeping with Rule 6 of the Agreement. Such payment is not shown to
have resulted in a significantly unequal distribution of overtime, in violation of Rule 8.
There being no evidence that the Carrier violated the cited provisions of the Agreement in the particulars of this Claim, the Claim must
accordingly be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: . _
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 8th day of May 1991.