PUBLIC LAW BOARD N0. 2452
PARTIES Brotherhood of Maintenance of Way Employes
DISTPUTE : and
Western Maryland Railway Co.
STATEMENT Claim on behalf of R. H. Kallmyer for difference
Z-F-I : in pay from Welder Helper to B&B Welder rate
from December 12,
1977
to January
31, 1978,
account
Mechanics performing welders duties while the
claimant's position as Welder in the Work Equipment
Shop at Maryland Junction, West Virginia was abolished.
FINDINGS: By reason of the Agreement dated June 14,
1979,
and
upon the whole record and all the evidence, the Board
finds that the parties herein are employe and carrier within the
meaning of the Railway Labor Act, as amended, and that it has
jurisdiction.
The conference issue raised by Employes is similar
to the same issue raised in Docket
No.
2 and fully discussed in
Award No. 2. For the reasons stated in Award
No.
2, the conference
issue is resolved in favor of the Carrier.
Claimant's position as a B&B Welder was abolished
on November 22,
1977.
He exercised his seniority and accepted a
position as a Track Welder Helper at a lower hourly rate of pay.
This claim was presented by Employes in a letter dated February 4,
1978.
In that letter, Employes enumerate seven types of welding
work performed by Work Equipment Shop Mechanic F. W. Leister since
Claimant's position was abolished. Carrier denied the claim on
March 21,
1978
because "Equipment Operators are required to weld".
That letter also contained the following:
Investigation reveals that the equipment
required no fabrication or alterations to
the machinery --- simply repairs and
replacements of damaged or worn parts were
-YSa.-Award No.
7
Docket No.
7
page
2
involved. Also, welding by any one
mechanic did not exceed four hours
daily.
On appeal by letter dated April
28, 1978,
Employes'
District Chairman wrote as follows:
Ply personal visits to the Work Equipment
Shop on December
12, 15, 22, 23,
Jan. 10,
13, 17, 23, 27, 31
and my personal
observations of the welding duties that
were being performed dispute this denial.
Also in as much as Equipment Operators
are not involved in this claim it would
have no bearing on this claim.
In again denying the claim on June
26, 1978,
Carrier did so on two
grounds. One, Claimant "could have exercised his seniority
rights on a B&8 Mechanic position on November
23, 1977".
Second,
Mechanics at this location have performed welding work in
conjunction with repairing machines and replacement of parts.
No fabrication or alteration of machinery welding was performed.
There is no rule which requires a displaced employe
to bid to the highest rated available position for which he is
qualified. Claimant's displacement was created when the Carrier
abolished his B&B position. Carrier. has the right to abolish a
position providing, however, that the work of that position is
not thereafter performed by an employe in another job classification
or in another craft.
Nowhere in the record does the Carrier categorically
deny the allegations in Employes' letter of April
28, 1978,
that
on the ten mentioned dates welding work was performed in the
Work Equipment Shop, welding work whi.ch was performed by Claimant
before his position was abolished. And it is unmistakable that
the work intended to be identified was that of a B&B Welder. An
allegation that mechanics "at this location have performed welding
work in conjunction with repairing machines and replacement of
damaged or worn parts is not evidence, but a mere assertion.
Award No. 7
Docket No. 7
page 3
For the reasons herein stated, the Board finds that
the Carrier violated the Agreement, that welding work belonging
to a B&B Welder was performed in the Work Equipment Shop by
Mechanics on the claim dates and that the claim has merit.
AWARD
Claim sustained. Carrier is directed to pay the
claim within thirty (30) days of the date hereof.
PUBLIC LAW BOARD N0. 2452
DAV7D DOLNIC ,, Chairman and Neu ra Member
7T.C. COMISKEY, Carrier Meter
DATED:
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