Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12202
SECOND DIVISION Docket No. 11909-T
91-2-90-2-26
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:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM:
1. That the Norfolk and Western Railway Company violated current
agreements, Rule Nos. 35 and 131, as subsequently amended, Supplement No. 37,
Rule 110 and 30 of the Virginian Agreement, merger agreement of June 18, 1959,
when on September 9, 1988 they did by Bulletin Nos. 22 (88), 23 (88) and 24
(88) abolished Carman's Leadman R. M. Lawrence. After abolishing the position
or job of R. M. Lawrence, they merely reassigned the position or job at a
lower and/or reduced rate of pay and uses foremen or supervisors, C. J.
Edwards, Sr. and W. B. Clemson, Sr., who are filling a carman's position on
the shop track at Elmore, WV.
2. That the Norfolk and Western Railway Company be ordered, because
of such violation, to readvertise carman leadman position to carmen by
bulletin along with rate of pay provided and abolish Job #22 as viewed in
Bulletin 424 (88) and readvertise same as previously assigned to carmen.
3. That the Norfolk and Western Railway Company be ordered to make
whole and allowed time and/or pay at time and one-half carmen's rate of pay
for each and every hour, day or shift in which supervisors have been used to
perform carmen's work such time and/or pay be allowed retroactive to September
9, 1988 and for the duration of this continuing violation until it ceases to
exist and/or this claim is settled. (As of date of initial claim, 26 days or
shifts were involved.)
4. That such pay be allowed and divided equally among Carmen R. G.
Hall, C. W. McKinney, D. F. Jones, W. E. Ford, J. E. Miller, E. W. Stewart, C.
J. Bickford, A. F. Taylor and J. W. White whose names are maintained on the
extra or overtime board at Elmore, WV.
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.
Form 1 Award No. 12202
Page 2 Docket No. 11909-T
91-2-90-2-26
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
As Third Party in Interest, the American Railway and Airway
Supervisors Association was advised of the pendency of this dispute and did
not file a Submission with the Division.
This Claim contends that Rule 35 of the Agreement was violated when
Carrier abolished the Leadm~n Carman assignment at Elmore, West Virginia, and
thereafter had Leadman Carman work performed by Carmen. Following the abolishment, the remaining Car Shop work force consisted of a Supervisor and 4
Carmen (one of which was a vacation relief worker).
Rule 35 provides:
"LEAD WORKMAN
Rule No. 35
In small gangs a lead workman may be assigned, who
in addition to performing regular work of his class
will take the lead and will assign and direct the
work of other members of the gang."
The Rule uses the word "may" which is permissive, not mandatory, thus
the Agreement does not require that in every small gang a lead workman be
assigned. Moreover, in this instance it has not been demonstrated that any
Carman has been required to "take the lead" or "assign and direct the work of
other members of the gang" so as to establish entitlements as a lead workman.
The Claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
-Nancy J. a Executive Secretary
Dated at Chicago, Illinois, this 18th day of December 1991.