Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13647
Docket No. 13555
01-2-00-2-32
The Second Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood Railway Carmen Division
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. That the Springfield Terminal Railway Company violated the terms
of our current agreement, in particular Rule 12 when they
arbitrarily assigned Carman Guy N. Patterson to a position,
different than the one that he had bid, without abolishing his
position.
2. That accordingly, the Springfield Terminal Railway Company be
ordered to compensate Carman Guy N. Patterson in the amount of
eight (8) hours pay at the overtime rate for each day he was forced
to work his bulletin rest days, effective January 23,1999 until he is
properly returned to his regular assigned position."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 13647
Page 2 Docket No. 13555
01-2-00-2-32
Parties to said dispute were given due notice of hearing thereon.
The Claimant held position C-41, with rest days of Saturday and Sunday. He was
advised on January 18, 1999 that he was assigned to position C-76, with rest days of
Monday and Tuesday. Position C-41 was not abolished. At the time, position C-76 was
held by a junior employee with only seven days' service with the Carrier. The Carrier
states that it changed the Claimant's assignment because the employee assigned to
position C-76 was not yet fully qualified and was not able to cover the assignment on
Saturday and Sunday in the absence of supervision on these days.
Rule 12.4, cited by the Organization, reads in pertinent part as follows:
"(a) . . . Employees awarded positions will occupy those positions on the
next day they are scheduled to work.
(b) In the daily assignment of work to employees awarded positions under
this Rule, fitness, ability and qualifications being equal, seniority shall
prevail.
(c) The provisions of paragraph 12.4(b) notwithstanding, the Carrier has
the right to rotate employees as need to maintain requisite fitness, ability
and qualifications. This right will not be used as a device to circumvent
the provisions of paragraph 12.4(b)."
The Carrier argues that it reassigned the Claimant under the terms of Rule
12.4(c). It is clear, however, that the purpose was not to maintain the Claimant"s
"fitness, ability and qualifications" but rather to fill in for the other employee's lack of
experience and qualification at the time. While the move may have been permissible on
a temporary basis, it does not establish the right to deprive the Claimant of the assigned
rest days of his regular position.
As remedy, the Board concludes that the Claimant is entitled to premium pay for
being assigned to work on his rest days. The appropriate remedy is that the Claimant
shall receive the difference between the premium rate of pay and his straight time raise
for those Saturdays and Sundays he was required to work on position C-76, when his
regularly assigned position had not been abolished.
Form 1 Award No. 13647
Page 3 Docket No. 13555
01-2-00-2-3 2
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award :is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 17th day of September, 2001.