THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
(1) The Carrier violated the Agreement when it assigned a B&B carpenter instead of furloughed Truck Driver Guide to perform truck driving work at Grand Junction, Colorado on November 10, 11, 12, 13, 14, 17, 18, 19, 20 and 21, 1969 (System File D-9-10/MW-3-70).
(2) Truck Driver Guide be allowed eight (8) hours' pay at the truck driver's rate for each of the aforementioned dates and for each subsequent day that the violation referred to within Part (1) of this claim exists.
(3) The Carrier shall also pay the claimant six percent (6%) interest per annum on the monetary allowance accruing from the initial claim date until paid.
EMPLOYES' STATEMENT OF FACTS: On February 20, 1969, the Carrier issued Bulletin No. 1 wherein it advertised three (3) positions on B&B Gang 6361, one of which was a position of truck driver. Claimant Guide was the successful applicant for the position of truck driver and was assigned thereto by a bulletin dated March 3, 1969. Copies of the aforesaid bulletins are attached hereto as Employes' Exhibits "A" and "B."
Positions of truck driver within the Maintenance of Way and Structures Department constitute a separate work classification although employes assigned thereto do not establish a separate truck driver's seniority date as such. In this connection we invite attention to Supplement "3" which reads:
CARRIER'S STATEMENT OF FACTS: On November 1, 1969, the B&B Gang at Grand Junction was composed of a foreman and three B&B Carpenters.
The seniority dates of these four men as foreman, carpenter and helper are shown below:
Effective at close of work on November 20, 1969, Mr. D. J. Smith was displaced as a carpenter by Mr. R. B. Maxfield who held a seniority date of March 1, 1953 as a carpenter and a seniority date of March 1, 1943 as a helper.
The Claimant, Mr. H. L. Guide has a seniority date of February 26, 1963, as a B&B Helper but does not hold any seniority as a carpenter.
There were no positions of either truck driver or helper assigned to this B&B Gang during the period covered by this claim.
Neither Mr. H. L. Guide nor Mr. D. J. Smith are protected employes under the February 7, 1965 Agreement.
The truck assigned to this gang was driven by carpenters and/or the foreman when it was in use as an incidental part of their work.
Carrier desires to call your attention to the Statement of Claim submitted to your Honorable Board by the Organization. This Statement of Claim was never presented to the Carrier on the property.
OPINION OF BOARD: The position of truck driver on B&B Gang 6361 was abolished on October 21, 1969. Beginning on November 10, 1969 Carrier required the services of a truck on Gang 6361 and utilized Carpenter Smith to drive it. Carpenter Smith had seniority as a B&B helper but was not exercising it at the time. In any event claimant is senior to carpenter Smith on the B&B helper seniority roster.
This claim was processed by the Claimant on the property as an alleged violation of Supplement 3, paragraph 9 which reads as follows:
The question before this Board is whether Supplement 3 had the effect of reserving all truck driving work to positions of truck drivers. Can Supplement 3 be fairly interpreted to read that the assignment of a truck to a B&B gang ipso facto creates the position of truck driver?
To hold as the Organization asks us would be to hold that the Supplement 3 is a work reservation rule rather than a job classification rule. In
the recitals set out at the beginning of the Agreement paragraph C sets out the reason for the Agreement.
Supplement 3 was entered into for the purpose of defining some of the duties and working conditions of truck driver positions. This cannot reasonably be equated with exclusively reserving the work described.
We have repeatedly held that classifications of work are not exclusive grants of work to that classification.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning o& the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and