Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12209
SECOND DIVISION Docket No. 12077
91-2-90-2-175
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the Chesapeake and Ohio Railroad Company (CSX Transportation, Inc., (hereinafter referred to as "carrier") violated the service rights
of Painter P. Hollis (hereinafter referred to as "claimant") and the provisions of Rule 11 of the controlling Agreement when on February 9, 1989 carrier's supervisor improperly worked Carman Ginger Nelson at the Raceland Paint
facility on work strictly accruing to the Painter's craft in violation of the
aforementioned rule.
2. Accordingly, the claimant is entitled to be compensated for eight
(8) hours pay at the applicable Painter's time and one half rate for said violation.
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 is one in a series of disputes concerning painting work at the
Carrier's Raceland Car Shop. Both Carmen and Painters are scheduled at Raceland on a two-shift basis. In early 1989, the Carrier assigned Carmen to
perform Painter work on the second shift. From the record, it is clear that
the use of Carmen to perform Painter work is recognized as acceptable in circumstances when Painters are otherwise working or not available.
Form 1 Award No. 12209
Page 2 Docket No. 12077
91-2-90-2-175
On February 9, 1988, the Carrier contends that first-shift Painters
were unavailable for second-shift overtime or were already assigned overtime
on their own first-shift assignments. The Organization does not accept the
Carrier's contentions. There is no dispute, however, that the Claimant herein
was assigned one and one-half hours overtime work on his own assignment on
February 9, 1988. The Organization seeks pay for the Claimant based on the
use of a second shift Carman to perform Painter work on the second shift on a
straight-time basis.
Since it is well established that an employee's primary responsibility is to his own position, the Board supports the Carrier's view that he was
"unavailable" for other simultaneous overtime.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest.
`Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 18th day of December 1991.