SPECIAL BOARD OF ADJUSTMENT N0.
287
BROTHERHOOD OF AAINTEPIANCE OF I-TAY EciTLOYES
and
THE STATEN ISLAND RAPID TRANSIT RAILWAY C0:IIPANY
AWARD IN DOCKET 110.
26
STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) The Carrier violated the effective Agreement by failing to
assign Carpenter James L. Sullivan to overtime work with the Dockbuilding Gang at
Pier
22,
North River on Saturday and Sunday, August
9
and 10,
1958.
(2)
Carpenter James L. Sullivan be now allowed 112 hours at the Dockbuilder's time and one-half rate for Saturday, August
9, 1958
and 12 hours at his
time and one-half rate for Sunday, August 10,
1958,
account of this violation of the
Agreement referred to in Part (1) of this claim."
FINDINGS: Rule
3
of the agreement provides:
"Seniority rights of all employees are confined to
the sub-department in which employed."
The parties are agreed that on this Carrier Dock Builders are in one
sub-department, and Carpenters are in a separate sub-department. Consequently, Dock
Builders' seniority rights are limited to Dock Builders' work; Carpenters' seniority
rights are limited to Carpenters' work.
Rule
7
(c) reads:
"When exercising seniority in the B&B gangs, carpenter
foremen and men will have the right to displace men in
the carpenter gangs only; paint foremen and painters in
paint gangs only; pile driver foremen and men in pile
driver gangs only."
Carrier here involved found it necessary to do certain of its Dock
Building work on Saturdays and Sundays, and on such occasions it augmented its Dock
Building force by men from the Carpenters' gang.
Organization claims under such circumstances, Carrier is required to
respect the seniority rights of the Carpenters it may use.
Carrier says Carpenters have no right to Dock Builders' work, and
consequently it is not required to respect Carpenter's seniority when they are performing such work.
Organization argues:
s6 N aqZ
DOCKET N0. 26
"Claimant James Sullivan has had previous service as a
Dock Builder having worked in that gang from November
1957
to April 1958 as a Dock Builder on Baltimore and
Ohio Pile Driver No.
3.
He has the ability and the
experience to have performed the work here involved.
He was available for this work. And the Carrier made
the assignments on Thursday for this overtime work to
be performed on Saturday and Sunday. It was not an
emergency requiring the use of the nearest and most
available employee, and on short notice."
Be that as it may, the facts in this record are quite clear that
Claimant held no seniority right to the work in question -- he may exercise his
seniority "to displace men in carpenter gangs only."
The work here involved Dock Builders, a sub-department separate and
apart from carpenters.
We have examined the sustaining Awards cited by the Organization, but
are not persuaded for the simple reason that Organization's claim is not supported
by the applicable agreement; to the contrary, Section
7(c)
prohibits that which
Organization seeks to establish through this claim.
A denial Award is indicated.
AWARD
Claim denied.
(s) A. J. Cunningham
A. J. Cunningham
Employee Member
Dated at Baltimore, Maryland,
this 28th day of March, 1960.
(s) Edward A. Lynch
Edward A. Lynch
Chairman
(s) T. S. Woods
T. S. Woods
Carrier Member