Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32154
Docket No. BMW-31396
97-3-93-3-298
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:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned junior
Repairman R. Smith to perform overtime service repairing
Philadelphia Subdivision equipment instead
of
assigning senior
Repairman W. Hayes to perform said work on November 4 and 6,
1991 (System File NEC-BMWE-SD-3064 AMT).
(2) The Agreement was violated when the Carrier assigned junior
Repairman R. Smith to perform overtime service, performing
repairs to equipment used by the C&S Department to set signals at
Shore and Ford on November 9, 10, 11, 15 and 16, 1991 instead
of
assigning senior Repairman A. Cunha to perform said work
(System Docket NEC-BMWE-SD 3061).
(3) The Agreement was violated when the Carrier assigned junior
Repairman R. Smith to perform overtime service (providing
mechanical coverage for MW equipment which C&S was setting
signals) at `I' and `B' Streets, on December 6, 1991, instead
of
assigning senior Repairman E. Cannon to perform said work
(System File NEC-BMWE-SD-3095).
(4) The Agreement was violated when the Carrier assigned junior
Repairman R. Smith to perform overtime service (providing
coverage for equipment) on the third shift on December 19, 23, 26,
Form 1 Award No. 32154
Page 2 Docket No. MW-31396
97-3-93-3-298
29 and 30, 1991 instead of assigning the senior Repairman W.
Hayes to perform said work (System File NEC-BMWE-SD-3104).
(5) The Agreement was violated when the Carrier assigned junior
Repairman R. Smith to perform overtime service (providing
mechanical coverage for Philadelphia track equipment) on May 29,
1992 instead of assigning senior Repairman W. Hayes to perform
said work (System File NEC-BMWE-SD-3162).
(6) As a consequence of the violation referred to in Part (1) above,
Repairman W. Hayes shall be allowed thirteen (13) hours' pay at
the repairman's time and one-half rate.
(7) As a consequence of the violation referred to in Part (2) above,
Repairman A. Cunha shall be allowed fifty-one (51) hours' pay at
the repairman's time and one-half rate.
(8) As a consequence of the violation referred to in Part (3) above,
Repairman E. Cannon shall be allowed eight (8) hours' pay at the
repairman's time and one-half rate.
(9) As a consequence of the violation referred to in Part (4) above,
Repairman W. Hayes shall be allowed twenty-eight (28) hours' pay
at the repairman's time and one-half rate.
(10) As a consequence of the violation referred to in Part (5) above,
Repairman W. Hayes shall be allowed thirteen (13) hours' pay at
the repairman's time and one-half 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 employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21, 1934.
Form 1 Award No. 32154
Page 3 Docket No. MW-31396
97-3-93-3-298
This Division of the Adjustment Board bas jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
This dispute originated on the property as five separate claims, but they have
been combined here because four of them are virtually identical, involving overtime on
rest days, and one is similar although possibly distinguishable, involving overtime
bevond the normal work hours.
The common thread is that overtime was assigned on various occasions to a
Repairman junior to the Claimants, which the Organization argues is in violation of
Rule 55(a), which reads as follows:
"Employes wiB, if qualified and available, be given preference for
overtime work, including calls, on work ordinarily and customarily
performed by them, in order of their seniority."
The dispute does not concern the Claimants' qualification, availability, or status
senior to the employee assigned the work. The issue is limited to the designation of one
Repairman, by posted bulletin, to "work in the field", as contrasted with the general
Repairman work performed in shops. The Organization objected to reference to this in
the Carrier's Submission by stating that the "carrier made no such assertion and
argument during the handling of this dispute on the property."
The Board finds, however, that the "field" position WM discussed on the property.
As one example, the appeal reply of the Director, Labor Relations in Case NEC-BMWESD-3162, stated in
"The claimant normally and customarily performs heavy overhaul
and major repairs of large NM equipment. On the other hand, [the
employee assigned the overtime[, while not expected to make major
repairs, is expected to solve problems with field equipment as simple as a
rail saw . . . . The scope of the repairs he is expected to make is broader
than that regularly encountered by a shop repairman ....
Form 1 Award No. 32154
Page 4 Docket No. MW-31396
97-3-93-3-298
Contrary to the union's attribution, the use of terms `field
repairman' and `shop repairman' should not [be[ equated with the
creation of new work classifications. Both positions are Repairman M. W.
Equipment positions. These terms are simply a convenient way of
distinguishing specific duties within the broad range defined by the general
Work Classification rule. Rule 55 clearly recognizes that different
individuals within a class will ordinarily and customarily perform different
work. Otherwise the authors of the rule could simply have provide[dl
preference overtime work for `work of the classification'. Rule 55 allows,
indeed requires, [the Carrier[ to make distinction between individuals
within a class where such distinctions are appropriate."
Awards have frequently interpreted "work ordinarily and customarily
performed." Applicable here, by parallel interpretation, is Third Division Award 30685,
involving the same parties. Award 30685 stated:
"This phrase was reviewed in Third Division Award 29720,
involving the same parties. That Award stated:
`The phrase, "work ordinarily and customarily
performed" is not precise. It can refer to the fypg of work,
which would clearly encompass the Claimants herein.
Alternately, it can be interpreted to refer to the continuation
or completion of such work.'
Here the `type' of work is that of Foreman, which of course the
Claimant and the junior employee share. However, the Board is
persuaded that in this instance the phrase ordinarily and customarily
performed' refers to installation and construction work (as contrasted with
maintenance work). . . "
The five combined claims here, in their Statements of Claim, do not directly
challenge the concentration of a Repairman on "field work" as contrasted to shop work.
It follows that the assignment of "field work" overtime to the designated employee
conforms with the "ordinarily and customarily performed" requirement.
Form 1 Award No. 32154
Page 5 Docket No. MW-31396
97-3-93-3-298
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 13th day of August 1997.