NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21758
James F. Scearce, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated and continues to violate the Agreement
when it abolished the position of Caboose Supplyman at Savanna, Illinois effective
December 31, 1974 and thereafter assigned the work accruing thereto to P.F.I.
men (System File 0#4/D-1835).
(2) Mr. P. A. Esposito be returned to his position as Caboose
Supplyman.
(3)
Mr. P. A. Esposito be allowed, in addition to what he may have
earned on another position, eight (8) hours of pay at the Caboose Supplyman's
straight-time rate for each work day (Monday through Friday) on which P.F.I.
men or others perform Caboose servicing work at Savanna, Illinois.
OPINION OF BOARD: Effective December 31, 1974, the Carrier abolished the posi
tion of Caboose Supplyman, theretofore performed by Track
Sub-department forces, and assigned such work in the future to Perishable Freight
Inspectors (PFI), represented by the BRAC. The Organization has brought this
action on behalf of the Claimant, who had occupied that position since February
1, 1968. It contends the abolishment of the Claimant's position when such work
continued to exist and the assignment to others not represented by the BMWE was
a violation of the
Agreement between
the parties.
The Carrier rejects this claim on the basis that the Organization
has not shown exclusive right to the work on a System-wide basis, as has been
established in past Awards in this Division. It also points to a lack of
specificity in the Agreement between the parties as to this work, insofar as
the Scope Rule or arty other Rule is concerned.
This case is directly related to claims established previously by
the Organization on the assignment of overtime to others for caboose supply work
after the Claimant's regular hours (Award
21854),
and the assignment of overtime
on the Claimant's days off (Saturday and Sunday) to others after the Carrier
abolished the position of Lampman-Cabooseman (also represented by the Organi-
zation) on December
6, 1974.
(Award
21856)
Award Number 21855 Page 2
Docket Number MW-21758
The same rationale developed for those cases, particularly Award 21854,
is applied here: we find that the doctrine of exclusivity previously established
through Awards, that an organization must be able to show representation System
wide applies here; and, that a showing of historical representation of a position
at a location within the System is insufficient to establish exclusive right to
that position. While the Organization established this record at the Savanna
facility, as well as other locations in the System, the Carrier contra-established
representation by: other organizations singularly at various locations, dual
representation by more than one Organization at other locations, outside con
tractor utilization at other locations and, mixed contractor/organization repre
sentation at others. This lack of exclusivity for caboose supply work to any
one Organization on a System-wide basis is compelling evidence that the Carrier
is not restricted from exercising discretion in the assignment of caboose supply
work. Additionally, the Agreement between the parties hereto referenced is
devoid of reference to this work in any rule.
We hold that the claim is without merit.
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 Employes 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
The Agreement was not violated.
A W A R D
F_-
Claim is dismissed.
NATIONAL RAILROAD.ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 18th day of January 1978.