NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22873
Martin F. Scheinman, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GIr8738)
that:
1. Carrier violated the Agreement between the parties when commencing
July 23, 1977, it caused, required or permitted Motive Power Department employes,
not covered by the clerical agreement, to perform fire watch service on both
ship loaders on Coal Pier No. 6, Lamberts Point, Norfolk, Virginia.
2. As a result of such violations Carrier shall now be required to
compensate the senior available, qualified, available furloughed employe for
eight (8) hours each date, three (3) shifts daily commencing July 23, 1977,
until the violation ceases to exist and in the absence of such senior available,
qualified furloughed employe compensate the senior available, qualified clerical
employe.
OPINION OF
BOARD: The Organization claims that Carrier violated the Agreement
between the parties when it caused, required or permitted
Motive Power Department employes, not covered by the clerical agreement, to
perform fire watch service in Lamberts Point, Norfolk, Virginia. The Organiza
tion's claim rests primarily on Work Rule #1, "Scope," specifically the
following provision of Work Rule #1:
"Positions within the scope of this Agreement belong to the
employes covered thereby and nothing in this. Agreement shall
be construed to permit the removal of positions frf the
application of these rules subject to such modifications
and exceptions hereinafter set forth and except in the manner
provided in Rule 70." (Rule 70 -- changes and modifications
in accordance with provisions of the Railway Labor Act).
The Employes contend that the term position above implicitly includes
within it the work of that position. That is, the Organization maintains
that the work
of
a position and the position itself are synonymous. In its
view, the work of watchman is clerk work which is vested in the clerical
craft and, therefore, cannot be removed except by agreement between the
parties. Appropriate citations are provided.
Award Number 22891 Page 2
Docket Number CL-22873
The Carrier, on the other hand, contends that the Agreement was
not violated. It argues that (1) the claim is too broad, vague and general,
(2) Motive Power Department employes have historically performed the watchmen work, (3) the Scope Ru
(4) the theory argued on the property has been changed. In all, it asks
that the grievance be denied.
The disputed work involved the performance of f`re watch service
on the Coal Piers. Employes were assigned as fire watchmen on the Loader
at Pier #6 when the fire alarm system malfunctioned.
It is true, as the Organization contends, that the watchman class
is included within the Scope Rule. However, not all watchmen are covered
by this work rule. Under the plain language of Rule #1, Shop Watchman,
M. W. Department Watchmen and watchmen with police authority are not covered.
The watchmen here can best be described as shop watchmen. As such,
they are one of the class of watchmen which is specifically excluded under
the Agreement. The Agreement is clear and unambiguous. We must give it full
force and effect. ,Thus, we must conclude that the Scope Rule does not cover
this class of employes. Therefore, we will deny the grievance in its entirety
without addressing the other contentions raised.
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
That the Agreement was not violated.
Award Number 22891 Page 3
Docket Number CL-22873
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST, ,
executive Secretary
Dated at Chicago, Illinois, this 18th day of June 1980.