Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37181
Docket No. SG-37960
04-3-03-3-383
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Amtrak (NRPC):
Claim on behalf of D. P. Spring and R. Farrell, for the abolishment of
two Assistant Foremen positions and readvertising the two positions as
Inspector Foremen positions, account Carrier violated the current
Signalmen's Agreement, particularly Rule 4, when, on the
advertisement sheet dated November 23, 1999, it abolished two
established Inspector Foremen positions on the Metropolitan Trouble
Desk and then readvertised the two positions as Assistant Foremen
positions for the purposes of reducing pay and evading the application
of the rules in the Agreement. Carrier's File No. NEC-BRS(S)-SD-856.
General Chairman's File No. JY32106-102300. BRS File Case No.
12692-NRPC(S)."
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Form 1 Award No. 37181
Page 2 Docket No. SG-37960
04-3-03-3-383
Parties to said dispute were given due notice of hearing thereon.
The record reflects that in 1996, the Carrier upgraded Assistant Foreman
positions on the Metropolitan Trouble Desk to Inspector Foreman positions because the
function of authorizing the use of jumper cables to bypass malfunctioning circuits was
added to the Trouble Desk. The instant claim alleges that the Carrier violated Rule 4
when it abolished two Inspector Foreman positions and re-advertised them as Assistant
Foreman positions on November 23, 1999. Rule 4 prohibits the Carrier from
discontinuing established positions and creating new ones for the purpose of reducing
the rate of pay or evading the Agreement. However, the record reflects that at the time
of the abolishment and re-advertisement, the Trouble Desk was no longer authorizing
the use of jumper cables to bypass malfunctioning signals. There is no evidence that
the Carrier abolished the Inspector Foreman positions and created Assistant Foreman
positions for the purpose of reducing the rate or evading the Agreement. Furthermore,
to the extent that the claim seeks an order that the Carrier abolish the Assistant
Foreman positions and re-advertise Inspector Foreman positions, it seeks injunctive
relief which is beyond the authority of the Board.
However, to the extent that the Claimants actually perform work of Inspector
Foremen, as opposed to Assistant Foremen, they must be compensated at the Inspector
Foreman's rate for the time spent performing Inspector Foreman's duties.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 28th day of September 2004.