Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12180
SECOND DIVISION Docket No. 12108
91-2-90-2-224
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake & Ohio
Railway Company)
STATEMENT OF CLAIM:
1. That the Chesapeake & Ohio Railroad Company (CSX Transportation,
Inc.) (hereinafter "carrier") violated the provisions of Rule 27 of the Shop
Crafts Agreement between Transportation Communications International Union -
Carmen's Division and the Chesapeake & Ohio Railroad Company (CSX Transportation, Inc.) (revised June 1, 1969) and the service rights of Cayman Helper
Terry McCarty (hereinafter "claimant") when the claimant was not called for
service as a Painter Helper while arrangements were made to recall other
Carmen Helpers at Raceland Car Shop on January 5, 1987.
2. That, accordingly, the claimant is entitled to be compensated for
all days lost as a result of a junior employe working beginning January 5,
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 (which involves the same set of circumstances as in
Second Division Award 12057), 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.
Form 1
Page 2
Award No. 12180
Docket No. 12108
91-2-90-2-224
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 Carman Helpers
in the same relative order as they stood on the Carman Helper seniority roster. If a Carman Helper could not be contacted, it was agreed that the next
furloughed Carman Helper would be contacted until the requirement was met.
The evidence shows that the Claimant was offered work as a Painter Helper to
report for duty on January 6, 1987, second shift. However, he did not report
for duty.
Clearly, there is no violation of Rule 27 because this Rule specifies
that Painter Helpers and Carman Helpers are two separate seniority subdivisions of the Cayman's craft. Therefore, Cayman Helpers have no contractual
right to be recalled for Painter Helper positions. Conversely, Painter Helpers have no contractual right to be recalled for Cayman Helper positions.
A W A R D
Claim denied.
Attest:
'Nancy J. DR-f00' Executive Secretary
Dated at Chicago, Illinois, this 23rd day of October 1991.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division