SPECIAL BOARD OF ADUUSTMENT N0.
293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Versus
THE CENTRAL RAILROAD COMPANY of NEW JERSEY
STATEMENT of CLAIM:
1. The Carrier violated the effective Agreement when on April
26,
27,
and
28, 1961,
they assigned a Grinder and Grinder Helper
and Truck Driver to perform Tracknen's duties at Glendon Crossing, Freemansburg Crossing and East Allentown Crossing.
2.
The
3
senior furloughed Track Laborers maintaining seniority
on the Pennsylvania Division, now be reimbursed the equivalent
amount of hours consumed by the Grinder, Grinder Helper and Truck
Driver in performing this work on April
26, 27,
and
28, 1961.
OPINION OF BOARD:
During the three days specified in the claim the Carrier utilized
the services of a Grinder, a Grinder Helper and a Truck Driver to pave
crossings at Freemansburg and East Allentown. This is work normally performed by Track Laborers. The subject Grinder, Grinder Helper and Truck
Driver were placed on this paving work because at the time in question there
was no work in their class to be performed.
Grinder and Grinder Helper are 9.n the Welder-Grinder sub-department;
Truck Drivers are in Group
2
of the Machine Operators sub-department; and
there is a separate seniority roster for each of these sub-departments--both
of which axe in the Track Department. Track laborers also are in the Track
Department but they are on a senioirty roster for laborers. Anployees
normally reach the Welder-Grinder and Machine Operator sub-departments by
promotion from the Track laborer group. The Agreement provides that employees
promoted to these sub-departments may retain and accumulate their seniority
as Trackmen, and may only exercise such Trackmen's seniority in the event of
force reduction, change of headquarters or displacement. It has been a practice of the Carrier to utilize the services of employees in the WelderGrinder or Machine Operator sub-department to perform the work of Track
Laborers for brief periods of not more then three
(3)
days and without reduction in rate, when there is no work in their own class to do or when
machines become inoperat&ve. (See, e.g., Award 19 of this Board). This
procedure is beneficial to the employees as a whole, because otherwise in
many such instances the Carrier would be entitled to reduce the force in the
higher class and permit the reduced employees to exercise displacement rights
in the Trackmen Group.
AWARD No. 40
CASE N0. MW 328
This subject procedure does not violate the intent of the Agreement
when applied for the brief periods stated above, for the utilization of the
services of these referred-to employees and when not detrimental to the work
opportunities of those employees then in Carrier's service in the Tracknen's
class in the involved section,
Under the circumstances cited herein, and in view of the fact that the
subject Grinder, Grinder Helper and Truck Driver had previously acquired
seniority rights as Trackmen.. the claim will be denied.
AWARD: Claim denied.
/s/ Lloyd H. Bailer
Lloyd H. Hailer, Neutral Member
Ls/
A. J. Cunningham /s/ C. S. Strang
A. J. Cunningham, Employee Member C. S. Strang, Carrier Member
Jersey City, N. J.
Septembex-i3,
1966