WHEELING AND LAKE ERIE DISTRICT
PUBLIC LAW BOARD NUMBER 1837
Case Number 51
(MW-BRS-78-1)
PARTIES TO DISPUTE:
Norfolk and Western Railway Company
and
Brotherhood of Maintenance of Way Employes-
STATEMENT OF CLAIM:
1. The Carrier violated the provisions of the
Effective Working Agreement dated April 1, 1951,
particularly Rules 1, 2(a), 2(b), 2(c)-10, and
15, when it abolished four (4) crossing watchmen
positions and one (1) trackman - crossing watchman relief position and removed the controls for
the operation of the crossing gates from the tower
and installed said controls at ground level for the
purpose of using brackmen to protect the crossing
at Front Street Crossing, Toledo, Ohio. (MW-BRS78-1)
2. The Carrier assigned the work of crossing.
watchman to employes of another craft and class
who are not covered by the Scope Rules and
denied furloughed Crossing Watchmen K. A. Sarka,
jr., P. J. Kamelesky, J. E. Barber, T. L. Kame
Lesky, also a Section Laborer, and the Trackman
Crossing Watchman Relief employee from performing
said work in accordance with their seniority.
3. Said Claimants be paid eight (8) hours at their
regular rate beginning November 7, 1977, up to the
date they had been
returned to
their positions as
crossing watchmen.
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FINDINGS: This Board, upon the whole record and all evidence,
finds that:
The carrier and the employee involved in this dispute are respectively carrier and employee within the meaning
of the.Railway Labor Act, as amended.
This Board has jurisdiction over the dispute involved herein.
OPINION: The initial actions by the Carrier which resulted in
this grievance and Claim were (1) the removal of a watch tower
at a specific highway crossing and the relocation of the controls
(for lights and gates) to the ground and (2) the assignment of
responsibility for operation of such controls by members of
train.crews represented by another organization (UTB). Theretofore, the three Claimants herein, as well as a rotating relief
employee were responsible for the control of highway traffic
at the crossing via use of the tower.
The record is sufficiently clear that the responsibility
for crossing control at this
location
was reserved for employees
represented by the Organization up to the time of the abolishment
of the tower and relocation of the controls to the ground. However, the_e is no evidence that the work of crossing watchmen
is reserved exclusively to the employees represented by the
Organization. The Carrier is clearly within its right to determine its method of operation and the decision to abolish use of
control towers is one such action. Had the Carrier retained the
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tower and merely reassigned such work, this Board would,be
faced with a substantially different issue. Here, the Carrier exercised its managerial prerogative to change the nature
of work necessary to ensure crossing control and the case is
clearly made that other crafts have been used under similar
circumstances. Parenthetically, we find no merit to the Carrier's contention that the Claimants somehow forfeited their
seniority rights as crossing watchmen by the events that
followed their departures from the abolished jobs.
AWARD:
This Board finds no violation of the Agreement;
Claims are denied.
Jame~rF. Scearce
Neutral Member
E. N. Ja s, Jr. William E. LaRue
Carrier Member. Employee Member
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