Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12047
SECOND DIVISION Docket No. 11645
91-2-88-2-141
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM:
1. That the Missouri Pacific Railroad Company violated Rule 13(a) of
the June 1, 1960 controlling agreement when they denied Electrician Dale
Aldridge on October 27, 1986 and thereafter his contractual rights under the
Agreement in their arbitrary transfer of the duties of the position he held,
and further created and filled a new position without proceeding under the
provisions of this rule.
2. That, accordingly, the Missouri Pacific Railroad Company be
ordered to return to Electrician Dale Aldridge the duties arbitrarily transferred, or that the duties be bulletined as a new position so Electrician Dale
Aldridge will be given the opportunity to exercise his seniority rights.
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.
This case involves the assignment to a second employee of certain
duties formerly associated with the Claimant's job. At the time this dispute
arose the Claimant was employed at the Carrier's North Little Rock Diesel
Repair Facility as an electrician in the electric shop. The Parties agree
that the Claimant's job duties included rebuilding traction motor brushracks
and that he spent part of his time expediting (ordering) materials for the
electric shop.
Form 1 Award No. 12047
Page 2 Docket No. 11645
91-2-88-2-141
The Parties also concur that in October, 1986, the Claimant went on
vacation and when he returned he found that his duty to expedite materials
for the electric shop had been transferred to a junior employee. On November
20, 1986, the Organization filed a Claim demanding that the duties of material
expediter be returned to the Claimant or that the job consisting of material
expediter be bulletined as a vacancy so that the Claimant could exercise his
seniority and bid on the job he desired. The Carrier denied the Claim.
The Organization contends that the Carrier has violated Rule 13(a) of
the Agreement, which states in relevant part,
"FILLING VACANCIES OR NEW POSITIONS: RULE 13
(a) New jobs created and vacancies in the respective
crafts will be bulletined and the oldest employes
in point of service shall, if sufficient ability is
shown by fair trial, be given preference in filing."
The Board concludes, however, that the Organization has failed to establish
that a new vacancy was created. If no new vacancy was created, then Rule
13(a) does not come into play, and there is no Rule violation supporting the
Claim.
The Organization has asserted that when the junior employee assumed
the duties of material expediter for the electric shop, these duties took up
so much of his time that he had little time left for his former duties in his _
motor winding job. If this had been the case there would have been a stronger
argument that a new job, with totally different duties existed, and more sup
port for the Organization's assertion that Rule 13(a) was violated.
However, the Organization has put forth no evidence supporting this
assertion, or establishing that there were now three positions in the electric
shop where formerly there had been two. At most, the Organization has established that some of the Claimant's job duties were transferred to another
employee, and this fact, in itself, is not sufficient to establish that a new
vacancy existed.
Furthermore, there was no evidence, or even an assertion, that the
Claimant had performed the material expediter duties exclusively. The Carrier
contends that many employees order materials as a general duty related to the
specific requirements of their jobs. The Carrier contends further that this
was the case here, where the Claimant, like many other employees, ordered
materials in order to perform the other functions of his job and the others in
the electric shop.
Form 1 Award No. 12047
Page 3 Docket No. 11645
91-2-88-2-141
The Organization contended before this Board that the Carrier's
Submission contradicts itself, because it acknowledges that the Claimant's
"duties included rebuilding traction motor brushracks and general duties
including expediting material for the electric shop." However, the Carrier
did not admit in that statement that the Claimant alone was responsible for
expediting materials for the electric shop. And more to the point, the
Carrier did not acknowledge that it created a new job consisting only of
material expediting, when it transferred those duties to another employee.
In light of these findings the Board concludes that the Claim must be
denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.~er - Executive Secretary
Dated at Chicago, Illinois, this 8th day of May 1991.