NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19215
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Kansas City Terminal Railway C
STATEMENT OF
CLAIM: Claim of the System Committee of the Brotherhood that
(GL-6912)
(1) The Carrier violated the Agreement between the parties when
on October 1,
1969
it abolished the position of Propane Plant Operator held
by C. F. Nichols and leased plant facilities to an outside firm, The Propane
Industrial Inc. not covered by the Agreement.
(2) The work of the Propane Plant Operator shall mow be restored
to the scope and operation of the Clerks' Agreement.
(3)
Mr. C. F. Nichols shall be compensated for the difference
between the rate of position held and that of the prevailing rate of Propane
Plant Operator, continuing 5 days per week beginning October 1,
1969
until
the Agreement violation is corrected.
(4)
Interest at the rate of six percent
(Gbo)
to be compounded
annually be granted from the date of this claim until such time restitution
is made to make Claimant whole.
OPINION OF BOARD: Prior to
1949
Carrier contracted with an outside firm to
furnish cylinders of propane gas for use on passenger train
diners and for passenger car air conditioning in connection with this Carrier's
servicing of tenant line passenger trains using the Kansas City Terminal Station.
In
1949,
due to the volume of propane gas being used, since the Carrier serviced 100 to 150 passenger tra
gas plant as a support facility for this operation as it was more economical
to have one of its (Carrier's) employes fill the individual gas tanks from a
larger tank instead of purchasing filled tanks from the outside firm.
Due to the radical decrease in passenger trains in the ensuing years,
the Carrier in October
1969
abolished the position of Propane Plant Operator
(claimant in case) and leased this support facility to an outside firm since
the need for such a facility had all but disappeared---the record indicates
that the work of filling tanks by the plant operator had decreased to about
two hours per week, the remainder of his time being spent as a Stockman and
Counterman in this Carrier's Storehouse. The claimant, following his job
abolishment displaced on a Stockman-Countermen position in Carrier's Stores
Dept.
Award Number 19473 page 2
Docket Number CL-19215
We cannot grant what the Employes are here requesting since the
Carrier cannot be required, either by law or this Hoard, to operate support
facilities to its basic railroad operations when such support facilities are
no longer needed and, further, since the claimant is being compensated his
guaranteed rate of pay under the February
7,
1965 Job Stabilization Agreement,
we will deny the claim.
r
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the 1hployes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21,
1934;
That this Division of the Adjustment Board has ,jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NA'tIU1L
RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
E..cecutive Secretar~
Dated at Chicago, Illinois, this 30th day of October 1972.