The material facts that led to this claim are not in dispute. At approximately 7:30 P.M. on January 7, 1995, a broken rail was reported at Mile Post 244.4 on the Pittsburgh Line. The Carrier used Welder D. J. Resch to repair the broken rail which required welding rail ends. He was compensated five hours of overtime for the work. Mr. Resch's regular job involved Orgotherm welding.
On or about January 13,1995, a claim was filed on behalf of the Claimant, a Frog Welder on the Pittsburgh Line. The Claimant is senior to D. J. Resch on the welder seniority roster. It is the Organization's position that there is no contractual distinction between a "Frog Welder" and an "Orgotherm Welder." Both positions are in the welder class and are on the same welder seniority roster. Therefore, according to the Organization, the Claimant should have been assigned to repair the broken rail on January 7 and 8, 1995, since he was senior to employee D. J. Resch.
On this property, preference is given to employees who ordinarily and customarily perform the work during the course of their workweek or workday under Rule 17. Rule 17 requires the Carrier to give preference for overtime work to employees in the order of their seniority if the senior employee is qualified and available for the work.
The Carrier has convinced the Board that the correct employee was assigned to repair the broken rail at Mile Post 244.4 on the Pittsburgh Line on January 7 and 8, 1995. We are persuaded from the evidence before us that there is a material distinction between "Frog Welding" and "Orgotherm Welding." They involve two separate and distinct techniques.
It is noteworthy that a Frog Welder uses an electric arc welder in the performance of his duties. However, an Orgotherm Welder does not use an electric arc welder to repair broken rails. Rather, he builds a mold between the rail ends then pours a molten mixture into the mold. Once the molten mixture solidifies the mold is removed and the remaining weld is ground flush with the rail by using a rail grinder.
Inasmuch as Welder D. J. Resch ordinarily and customarily performed Orgotherm Welding during his workweek the Carrier had the right to assign him to repair the broken rail at Mile Post 244.4. This repair required the Claimant to weld rail ends, a task he ordinarily and customarily performed during his workweek. Form 1 Award No. 35421