Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12057
SECOND DIVISION Docket No. 11973-I
91-2-90-2-81
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(F. C. Ritter
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railroad Company)
STATEMENT OF CLAIM:
1. That the service rights of F. C. Ritter and the provisions of
Rule 27 of the Shop Crafts Agreement were violated, account said employee was
not called for service as a Painter Helper while arrangements were made to
hire other Carmen Helpers at the Raceland Car Shop on January 5, 1987 for this
service.
2. Accordingly, Helper Ritter is entitled to be compensated for all
days that he lost as a result of a junior Helper working commencing with the
date of February 3, 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.
In this case, the Claimant asserts that the Carrier violated Rule 27
because he was not called for service as a Painter Helper while he was furloughed as a Cayman Helper.
The record shows that in January 1987, after the Carrier had recalled
all available Painters and Painter Helpers, it still had a need for additional
employees. At that point, the Carrier had the right to hire additional Painter Helpers on the open market. However, it agreed with the Organization's
Local Chairman to offer Painter Helper positions to furloughed Cayman Helpers
in the same relative order
as
they stood on the Cayman Helper seniority roster. If a Cayman Helper could not be contacted, it was agreed that the next
furloughed Helper would be contacted until the requirement was met. The evidence shows that efforts were made to contact the Claimant in this case to no
avail.
Form 1 Award No. 12057
Page 2 Docket No. 11973-I
91-2-90-2-81
Clearly, there is no violation of Rule 27 because this Rule specifies
that Painter Helpers and Cayman Helpers are two separate seniority subdivisions of the Cayman's craft. Therefore, Cayman Helpers have no contractual
right to be recall for Painter Helper positions. Conversely, Painter Helpers
have no contractual right to be recall for Cayman Helper positions.
Moreover, the Board notes that the Carrier's letter of April 2, 1987
to the Organization, in which it recounts the substance of the parties' understanding with respect to the use of furloughed Cayman Helpers, was not refuted
on the property and, therefore, stands as fact.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
01
Attest:
~y J/ -gofer - Executive Secretary
Dated at Chicago, Illinois, this 15th day of May 1991.