NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
THE CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY COMPANY THE CHICAGO, ROCK ISLAND AND GULF RAILWAY COMPANY
"(Jlaitn of employes that the carrier violated current Agreement by discontinuing the position of water service foremen, which classification of employes is specifically set forth in the Agreement, at a rate of $190.00 per month, and in assigning the work of this class of employes to assistant master carpenters, a newly created classification, at the rate of $150.00 per month, a classification not governed by the Agreement, and that water service foremen in the service as such, on June 30, 1936, be reimbursed for the difference earned in a lower classification and that which they should have earned as water-service foremen."
EMPLOYES' STATEMENT OF FACTS.-In their ex parte submission the employes stated the facts as follows:
"Rule 1, of Agreement between the Chicago, Rack Island and Pacific Railway Company and the Chicago, Rock Island quit Gulf Railway Company, defining classes of employes coming within the scope, and to be governed by that Agreement, reads in part:
"'GROUP 3. lVatcr .scrrire.-Water Service employes shall be divided into the following classes:
"Pule 2 defines the seniority districts for the several classes of employes. Group 3 thereof, applicable to Water Service Employes. reads:
"The agreed Schedule rates of pay for Water Service Foremen is $190.00 per month.
"On or about July 1, 1936, the Carrier discontinued the service of its Water Service Foremen, assigning their work to Assistant Master Carpenters, a newly created class of employes, receiving a rate of $180.00 per month, a class not governed by the Schedule."
"Effective August 1, 1036, supervisory air(] official positions of assistant master carpenter mere established on various divisions at a rate of $150.00 per month-"
POSITION OF FbiPLOYES.-In support of this clahn the Employes submit the following statement:
"The current Agreement between the Chicago, Rock Island and Pacific Railway Companv. the Chicago. Rock- Island and Gulf Railway Company, and the Brotherlinnd of IVbalnfienanee of Way Emnloycs, governing all employes in the Maintenance of Way Department, was revised effective
"As stated above, assistant master carpenters perform no actual work. A11 water service foremen were required to and did actually perform work; in fact, several water service foremen had no mechanics under their supervision and the foremen actually performed any and all necessary work on their assigned territory.
"'The present positions of assistant master carpenter, as outlined above, have the responsibility of directing the activities of not only the water service department but also the bridge and building department, and because of the duties and responsibilities incumbent upon them they are properly considered as and actually are officials of the carrier. The men holding these positions of assistant master carpenter retain and are continuing to accumulate seniority on their respective seniority rosters as outlined in rule 14 quoted above. They are considered and treated as are other officers of the carrier."
OPINION OF BOARD.-The claim in this dispute is based on the discontinuance by the Carrier of positions of Water Service Foremen, a classification of employes specifically set forth in Rule 1, Group 3, of the agreement between the parties, effective January 1, 1036, as coming within the scope of the agreement, and assigning the work of this class of employes to Assistant Master Carpenters, a newly created classification of employes not covered by the agreement.
The employes contend that the carrier violated the rules of the existing agreement by removing the work and positions of Water Service Foremen from the scope and operation of the agreement, and assigning the work, or the supervision of the work previously performed by the Water Service Foremen, to a newly created class of employes designated as Assistant Master Carpenters.
The Carrier submits that positions of Water Service Foremen were abolished and supervisory and official positions of Assistant Master Carpenters were established, and states that when the positions of water service foremen were in existence the duties of the incumbents were confined to strictly water service work. The Carrier further submits that the `eater Service Foremen had no supervision over, nor did they perform any work in the bridge and building department except in certain isolated instances, and that such employes were required to and did actually perform work. Ill the changes made by the carrier it is stated that Assistant Master Carpenters perform no actual work except in an emergency, and that their work is generally supervisory and includes all phases of the work in the maintenance of way, bridge and building and water service departments; and submits that the scope rule. of the maintenance of way schedule except supervisory forces above the rank of foreman; and quote Role 14 of the schedule covering the retention of seniority rights by employes promoted to positions above the rank of foreman.
The Board submits that no question has arisen in this dispute as to the exception of supervisory positions as outlined in the scope rule of the agreement, at the same time it is the opinion of the Board that, inasmuch as the water service work continued to be performed, and that an agreement existed between the parties establishing positions of Water Service Foremen, such change as was made by the Carrier in abolishing the positions of Water Service Foremen and assigning such work to a newly created classification of employes known as Assistant Master Carpenters, should have followed the orderly process of negotiation between the parties to the agreement, and that in making the changes without such negotiation the Carrier violated the terms of the existing agreemen between the parties.
FINDINGS.-The Third Division of the Adinstment Board, after giving the parties to this dispute (1110 notice of hearing thereon, and open the whole record and all the evidence, finds and holds:
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
INTERPRETATION No. 1 TO AWARD No. 490,
DOCKET No. MW-513
NAME OF ORGANIZATION: Brotherhood of Maintenance of Way
Employes
NAME OF CARRIER: The Chicago, Rock Island and Pacific Railway
Company
The Chicago, Rock Island and Gulf Railway Company
(Frank O. Lowden, James E. Gorman, Joseph B. Fleming, Trustees) .
In its Award in connection with the case at issue, the Board sustained the claim of the employes and held that the Carrier violated the terms of the existing agreement between the parties.
In rendering this decision and award in connection with the subject at issue, the Board submits that the action of the Carrier in abolishing or discontinuing the positions of Water Service Foreman, a classification of employes specifically set forth in the Agreement between the parties, and assigning the work formerly performed by this class of employes to Assistant Master Carpenters, employes occupying newly created positions or assignments, or to a newly created classification of employes not covered or governed by the Maintenance of Way Agreement, constituted a violation of the agreement between the parties which was clearly indicated as specified in the Award; and which, so long as the work specified and the violation of the Agreement in the manner indicated continued to exist, could not be adjusted or rectified by the simple process of payment by the Carrier of the difference in rates between the two assignments or classifications.
In the opinion of the Board the violation of the Agreement between the parties, as outlined in the claim and according to the findings of the Board, could only be properly adjusted by removing and rectifying those conditions which constituted a violation of the agreement in the manner specified in the Opinion of the Board contained in the Award.
Under these conditions the Board rules that the meaning and intent and the proper interpretation of the Award is, that so long as the work of Water Service Foremen and the violation of the Agreement between the parties on which the claim was based and the
Award was rendered, continued or continues to exist without the application of that orderly process of negotiation referred to in the Award, the employes were and are entitled to the restoration of their positions and payment of the difference between what they earned or earn in any other position or classification and that which they would have earned as Water Service Foremen.