· AWARD N0. /.,3
" ITEM N0. 194
SPECIAL BOARD OF ADJUSTMENT N0. 51,1
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
ERIE LACKAWANNA, RAILWAY C%IPANY
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement by failing to advertise
for bids, the position of Jeep Operator for the jeep assigned to Track Supervisor, with headquarters at Warren, Ohio.
2. The Carrier shall now comply with the provisions of the Agreement
and promptly advertise for bids the position of Jeep Driver for the position
herein referred to.
Crn June 13, 1961, Carriers Chief Engineer and the General Chairman
en±erF,,-: intc a written agreement that "effective July 1, 1961, we (the Carrier-1- i..-.i17. assign a regular driver on jeeps assigned to Track Supervisors."
That a?1's^illelt appears to have operated without major incident until
January 1966, whoa Track Supervisor Frosts position was abolished and he was
assigneO.
-Go
the position of Assistant Track Supervisor and the position of
jeep drivar that had been assigned to him was also abolished. Frost continued
as Assi.sTant Track Supervisor for a short time and then was succeeded in that
posit:.o;i :,y Alsdorf.
While Petitioner does not object to Alsdorf operating the car for his
own person:l transportation; it insists that under the terms of the Agreement
of J:aae 132 1961, a jeep -1r:irea must be assigned to Alsdorf. We do not agree.
Carrier has assumed the obligation of assigning jeep drivers to "Track Supervisors" but there is nothing in the Agreement that would justify our extending
that obligation to encompass Assistant Track Supervisors9 Track Supervisors
and Assistant Track Supervisors being separate distinct positions.
Of course, if there were evidence in the record that Frost and Alsdorf
actually were discharging Track Supervisor responsibilities subsequent to the
aforementioned January 1966 changes and that only the title of the Track Supervisor position, and not its duties, had been changed, we would find for
Petitioner. We will not permit contractual obligations to be circumvented
by mere changes in job titles but since the record does not establish this to
be the situation in the_present case and there is no indication that Alsdorf's
jeep was used to transport men or materials, the claim will be denied.
AWARD: Claim denied.
Adopted at New York, N.Y.,, August 13, 1969.
/s/ Harold iii. Weston
HAROLD X. WESTON, NEUTRAL
/sl A. J. Cunningham /s/ R. A. Carroll
510LOYEE 1YMMER CARRIER MEf1BER