Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12481
SECOND DIVISION Docket No. 12042
92-2-90-2-253
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
( Brotherhood Railway Carmen/Division TCU
PARTIES TO DISPUTE:
( Fruit Growers Express Company
STATEMENT OF CLAIM:
1. That the Fruit Growers Express Company violated the controlling Agreement, specifically Rules 23 and 38 of the July 1, 1945 Agreement
and the May 26, 1987 Car Cleaner Agreement, when Fruit Growers Express
turned the laborers' work over to a newly hired Car Cleaner at Baldwin,
Florida.
2. That accordingly, the Fruit Growers Express Company be ordered
to compensate Laborer S. L. Jefferson for eight (8) hours per day, five (5)
days per week at Laborer's rate of pay, plus all overtime lost and including
all benefits from May 2, 1988 until Laborer Jefferson is assigned the job
at Baldwin, Florida or recalled back to Jacksonville, Florida. Mr. Jefferson was recalled June 27, 1988.
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.
On April 26, 1987,C;arrier and Organization entered into a special
Memorandum of Agreement establishing a new classification of "car cleaner."
The stated purpose for the Agreement and the establishment of the new classification was below that of existing laborer rates and car cleaners were prohibited from performing mechanical repairs on equipment.
Form 1 Award No. 12481
Page 2 Docket No. 12042
92-2-90-2-253 _
On April 4, 1988, Carrier hired an employee off the street to
perform work at Baldwin, Florida. At the time Claimant was a furloughed
Laborer at Jacksonville, Florida. The Organization maintains that Claimant
should have been afforded the opportunity to work the job, in preference
to the new hire, under terms of Rule 23 of the basic working Agreement providing that:
"While forces are reduced, if men are needed
at other points, laid off men will be given
preference to transfer with privilege of
returning to home station when force is
increased . . . ."
The Board agrees with the Organization. The May 26, 1987 Agreement establishing the classification of car cleaner makes special provisions for the classification in rates of pay and restricts occupants
from the performance of repair work. It makes no other exclusions. In
all other aspects the classification is within all other provisions of
the working Agreement, including preferential entitlements of furloughed
employees to work at other points when men are needed. When Carrier
decided to assign a car cleaner at Baldwin men were needed at Baldwin.
Claimant should have been given preference to the work before Carrier
was privileged to hire a new employee.
As reparations for the violation, the Claim will be sustained, as
a single lump sum payment equal to a days' pay at the car cleaner rate
of pay for each work day that Claimant was furloughed between May 2,
and June 27, 1988.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
010,
Nancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 18th day of November 1992.