Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28314
THIRD DIVISION Docket No. MW-28124
90-3-87-3-702
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when, on February 14, 17, 18,
19, 20, 21, 24, 25, March L0, 12, 31, April 1, 2, 3 and 4, 1986, it assigned
trackmen to assist Welder Foreman M. Saculla, instead of recalling furloughed
Welder Helper T. Hazlerig (System File TH-4-86/UM-7-86).
(2) As a consequence of the aforesaid violation, Welder Helper T.
Hazlerig shall be allowed one hundred twelve (112) hours straight time pay,
twelve (12) hours time and one-half overtime pay and eight (8) hours holiday
pay - all at the Welder Helper's rate."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This dispute concerns a Claim on behalf of a furloughed Welder Helper
when Trackmen not holding Welder Helper seniority were assigned to work with a
Welder Foreman on dates between February 14 and April 4, 1986. It is undisputed that these were date
was assigned elsewhere or on vacation. The Organization relies on Article
3(e), which reads as follows:
Form 1 Award No. 28314
Page 2 Docket No. MW-28124
90-3-87-3-702
"(e) An employe assigned to the operation
of any grinding device used in connection with
welding work as described in the paragraph next
preceding shall constitute a grinder operator.
Helpers shall be employes assigned to assist
welders and grinder operators in the performance
of their work."
The Carrier argues that use of available Trackmen was appropriate in
that, according to the Carrier, the only duty involved was that of flagging,
which is not necessarily limited to Welder Helpers. In contrast, the Organization's on-property corr
to "help load and unload the truck and watch for train" and they "went and got
stuff when I needed it without me having to do it." In addition, there was
reference to dates on which "there was no need for a flag man and the work
performed by the Trackman was- no different than work customarily performed by
Welder Helpers."
The Organization does not dispute that the Carrier is not necessarily
required to provide a Welder Helper in all instances. Here, however, the
record indicates that such help was provided by the Carrier. Further, the use
of the Trackmen was clearly in replacement of a Welder Helper who would otherwise have been assigned
These circumstances distinguish this instance from that considered in
denial Third Division Award 25579 which concerned Laborers "used only as lookouts."
The Carrier raises some question as to the Claimant's eligibility for
holiday pay in the event the Claim is otherwise sustained. Since the Award
will find that the Claimant should have been recalled for the dates claimed,
the question of holiday pay can be determined in the usual manner based on
such recall of a furloughed employee for the period in question.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Z404~0~0 ~,~
'Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1990.