Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29180
THIRD DIVISION Docket No. CL-29339
92-3-90-3-252
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Chicago and Illinois Midland Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Organization
(GL-10451) that:
1. Carrier violated the Agreement when it failed to utilize Mr.
J. A. Stephens, hereinafter referred to as Claimant, on the position of
Dumper/ Reclaimer Operator at its Havana Coal Transfer Plant, Havana, Illinois
on the dates of May 6 and 7, 1988.
2. Carrier's action was in violation of the Agreement, expressly
Supplement No. 10, General Provisions, Paragraph 0 contained therein.
3. Carrier shall now be required to compensate Claimant, for eight
(8) hours pay at the Dumper/ Reclaimer Operator rate for each date of May 6 and
7, 1988."
.
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.
The facts in this case are undisputed. On the two claim dates, May 6
and 7, 1988, the Carrier's Coal Transfer Plant at Havana, Illinois, was not
operating. The only Agreement-covered employee on duty during the afternoon
shifts was a Gate Operator-Clerk. One of the Clerk's assigned duties was to
patrol the grounds and to be especially watchful for fires in the coal storage
pile. On these two days small, but persistent, fires, ignited by spontaneous
combustion, burned in the coal pile. The Manager directed the Clerk to place
a water hose on the boom of the stacker/reclaimer machine to control the
fires. Several times during his tour of duty, the Clerk moved the stacker/
reclaimer machine on its track a few feet so the water flowing from the hose
was aimed at the flames. While the record is vague, the total amount of time
the Clerk spent moving the crane on its track amounted to about five minutes.
Form 1 Award No. 29180
Page 2 Docket No. CL-29339
92-3-90-3-252
The Organization later filed the instant claim alleging that the
Carrier should have called the senior available employee because there was a
tempor y vacancy for a Stacker/Reclaimer Operator. The Organization re-_sented that Claimant was qua
though he held a regular assignment as a Lubricator.
The stacker/reclaimer is a large, electrically powered machine, which
moves on a track. Th machine has a boom 60 feet high and 100 feet long. It
is also affixed with
d
digging and/or dumping mechanism. The stacker/reclaimer is used to move coal to and from the storage
Operating a machine like the stacker/reclaimer involves more than
just activating the machine and moving the machine a few feet down a track.
See Third Division Award 28799. Operating machinery means using it for its
intended and ordinary purpose. In this case, the stacker/reclaimer was essentially being used as a h
the machine's usual function. In essence, the Clerk was not operating the
machine, but he merely itilized the machine to move the water hose a very
short distance to keep the coal fire under control. Therefore, the organization did not meet its bur
Stacker/Reclaimer Operator position on the two claim dates.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy Jar - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.