S.B.A. No.
570
Award No.
6
SHOP CRAFTS SPECIAL BOARD OF ADJUSTMENT N0.
570
ESTABLISHED UNDER
AGREEMENT OF SMEMBER
25, 1964
Chicago, Illinois - October
25, 1965
PARTIES System Federation No.
6
_TO Railway Employes' Department,
DISPUTE: AFL-CIO - - Carmen
d
Chicago, Rock Island and Pacific Railroad Company
STATEMENT That under the Agreement of September
25, 1964
the Carrier
OF improperly dealt with and thereby damaged Carmen Carpenters
CLAIM Sam Hutter, L. D'Antonio, E. Krawsz and Carman Painter W.
Anderson, on May
3, 4, 5, 6, 7,
10 and 11,
1965
by subcontracting work properly belonging to Carmen Carpenters
and Carmen Painters to an outside concern.
That accordingly, Carmen Carpenters Sam Hutter, L. D'Antonio,
E. Krawsz and Carman Painter W. Anderson be compensated for a
total of fifty-six
(56)
hours each at the overtime rate of pay.
FINDINGS: The following facts are undisputed:
1. The named Employees were employed by the Carrier
at LaSalle Street Station, Chicago, I11., on the dates here involved.
2.
The Carrier did contract with an outside firm and
that firm removed and installed partitions on the Seventh floor of
the LaSalle Street Station building. Such work is Carmen's work
under the current agreement.
3. No notice was given under Article II, Section
2
of the Agreement of September
25, 1964.
However, the building
superintendent at the Station did confer with the local committeeman
of the Carmen's organization, and was informed that the Carm a involved
had no obJection to contracting the work.
' The Employees contend that those named in the dispute
were available, ready and willing ,and able to do the work here
involved, and that the Carrier has violated the Agreement of
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September 25, 1964 by failing to give the notice called for under.
Article II, Section 2 of that Agreement, and by contracting out
the work at the LaSalle Street Station.
Carrier contends that advance notice under the Agreement
wss not necessafty, since this was a "minor transaction" excepted '
by the Agreement from the notice requirement; that the contracting
was proper since it had been cleared by the local'representative of
the Carmen and the Carmen involved; and Carrier intersperses its
arguments with reference to language contained in Article I of the
Agreement. .
We find that this was not a "minor transaction" within
the meaning of the Agreement; that proper notice under the Agreement
was required and not given; and that Article I of the Agreement is
not applicable to this dispute.
The remedial solution of this dispute is not without
difficulty. Article VI, section 14 of the Agreement provides:
"Section 14-Remedy-
If there is a claim for wage loss on behalf of
a named claimant, arising out of an alleged violation
of Article II, Subcontracting, which is sustained,
the Board's decision shall not exceed wages lost and other
benefits necessary to make the employee whole."
The Employees have objected to our consideration of
items 8 and 9 on page 5 of the Carrier's submission, on the
grounds that such items were not discussed or presented on the
property in the processing of this dispute. We have no practical
way of disposing of this objection. However, the record discloses
that the facts contained in these two items are substantially correct,
at least insofar as the record discloses that these claimants were
employed at LaSalle Street Station during the period here involved,
seven days a week, with overtime on Saturday and Sunday. It also
disclose; that no employees were furloughed as the result of
Carrier's contracting of this work.
If the opportunity to earn additional overtime is a
component of the wage loss described in Article VI, Section 14
of the Agreement, then the named claimants should be made whole
But these named claimants acquiesced in the Carrier's action in
the first instance. They cannot now be heard to say that they
were willing to do this work in addition to their regular tour
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of duty. They are seeking something other than the remedy provided
in the Agreement.
AWARD:
Violation of the Agreement; SUSTAINED.
Compensation: DENIED.
Adopted at Chicago, Illinois, October
25, 1965
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Carrier Members loyee Members