PUBLIC LAW BOARD NUMBER 4138
Award Number: 2
Case Number: 2
PARTIES TO DISPUTE
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
CSX TRANSPORTATION INC.
STATEMENT OF CLAIM
First: that the Carrier violated agreement between the L&N railroad and
the Maintenance of Way Employes when they filled a track repairman's
normal duties with a machine operator.
FINDINGS
On January 30, 1986, the Organization filed a claim on behalf of
Claimant seeking compensation on the basis that Carrier used a Machine
Operator to perform Track Repairman's duties on January 23, 1986.-
The issue to be decided in this dispute is whether Carrier violated the
Agreement by using a Machine Operator to perform Track Repairman's duties on
the date in question.
The position of the
Organization is
that Carrier impermissibly used a
Machine Operator to perform Track Repairman's duties on the date in question
and that Claimant should be compensated accordingly, since he was entitled
to perform this work.
LA
The Organization contends that Claimant, as a furloughed Track
Repairman on the K and A subdivision, should have been used in lieu of
Machine Operator Sizemore, since Sizemore held no seniority on the K and A
subdivision and is not a Track Repairman. The Organization argues that
Sizemore's rights on the K and A subdivision should have been limited to
those associated with the operation of his System Service machine. The
Organization further argues that if Sizemore's machine had broken down, as
alleged by Carrier, his proper function would have been to help repair the
machine, not to work on track repair duties. Finally, the Organization
alleges that it had an informal understanding with Carrier that employees
classified to perform certain duties would not be called upon to perform in
a different classification area. -
Carrier contends that Machine Operator Sizemore was properly utilized
on the date in question due to a breakdown of his machine. Carrier cites
Rule 11(e) which states, "When the services of operators of machines are not
needed on the machines, they may be required to perform other work in their
respective subdepartments at their regular rate of pay." Carrier maintains
that this rule clearly allows the service performed by Sizemore, since he -
was "not needed on the machines" due to the malfunction.
Carrier further contends that the fact that Claimant was an available,
furloughed Track Repairman at the time in no way prohibits its use of
Sizemore to perform the work, since it was under no obligation to recall
Claimant to perform that work. Carrier maintains that the alleged informal
agreement concerning work classifications has no bearing in this case, since
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LI
l38
Rule 11(e) specifically permits the use of different work classifications
for Machine Operators.
After review of the record, the Board finds that the Organization's
claim must be denied. -
We find no support in the Agreement for the Organization's claim.
Rule 11(e) is plain and unambiguous in its language, and it clearly allows
Carrier to utilize Machine Operators to ". . .perform other work in their
respective sub departments. . ." when they are not needed to service their
machine. Since Sizemore was not needed to service his machine (due to
malfunction), Carrier could properly utilize him on track repair duties.
The Organization has failed to point to any contractual provision requiring
Carrier to recall a furloughed employee when an eligible and available
employee is capable of assuming the duties
in
question. Any verbal
understanding between the parties related to work classification is clearly
superceded by Rule 11(e), which unequivocally allows the performance of the
service in question by a Machine Operator. We therefore find that Carrier
acted properly in utilizing a Machine Operator to perform the duties in
question and that Claimant therefore had no right to perform those duties.
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yi38-a-
AWARD
Claim denied.
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