SPECIAL BOARD OF AJhTUSTMENT N0. 287
PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCIIET N0. 14
STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) The Carrier violated the Agreement when it established a position
designated as 'Relief Watchman-Trackman' with such position to be worked at the
Watchman's rate instead of at the Trackman's rate.
(2) The employe assigned to the aforesaid position and his successor
or successors if there be any, be paid the difference between what was paid at the
Watchman's rate and what should have been paid at the Trackman's rate."
FINDINGS: Carrier argues that what it did here was to advertise a "relief
position to work on Mondays as trackman, Tuesdays as a crossing watchman at 6th
Street, Braddock, from 8:00 a.m. to 5:00 P.m., Wednesdays as Trackman and Thursdays
and Fridays as crossing watchman at 11th Street, Braddock, from 8:00 a.m. to 5:00
p.m., with Saturdays and Sundays as rest days," under Rule
17
(e-1).
Organization says Carrier "established a position designated as
'Relief Watchman-Trackman' with such position to be worked at the Watchman's rate
instead of at the Trackman's rate," as required by Rule
9 (c).
Carrier's bulletin shows it was establishing a "Relief WatchmanTrackman" position to work as a crossing watchman on Tuesdays, Thursdays and Fridays,
and to work on his regular assigned section on Mondays and Wednesdays.
It is evident that the prime purpose of the assignment was to provide
Carrier with relief crossing watchman service.
Rule
17
(e-1) upon which Carrier relies is, in essence, a directive to
establish "all possible regular relief assignments x x x" to do the work necessary
on rest days of assignments in six or seven-day service or combinations thereof, or
to perform relief work on certain days and such types of other work on other days as
may be assigned under this agreement."
An analysis of the parties' contentions and arguments leads us to conclude that Rule
17
(e-1) is, in contrast, a general rule without restriction to
classification' whereas Rule
9
(c) is a specific Rule applying to situations "where
vacancies on watchman positions are not protected by extra lists," in which event a
"Trackman-Watchman" position may be established.
Carrier's written submissions are silent as to whether the vacancies
at the crossings concerned are protected by extra lists. The subject was discussed
by the Carrier Member in an executive session of this Board.
s g A
a~ ~
He said the position was established because crossing watchmen were
not protecting these vacancies.
It is thus evident that vacancies on watchman's positions involved
"are not protected" by extra lists; otherwise there would be no need for the position
here involved.
Therefore, and in consideration of the fact that the applicable agreement recognizes Traclffman-Watchman positions only in one place in this Agreement -Rule
9
(c) -- we will hold that the position here involved could only have been
established thereunder, and the occupant thereof is entitled to be paid at the
Trackman's rate.
AWARD
Claim sustained.
(s) Edward A. Lynch
Edward A. lynch
Chairman
(s) A. J. Cunningham _ (s) T. S. Woods _
A. J. Cunningham T. S. Woods
Employee Member Carrier Member
Dated at Baltimore, Maryland,
this 28th day of March,
1960.