Award 2565: " * * * It does not appear that any other rule limits the rights of the carrier to decide those matters and, since such right is inherent in carrier's right to direct the working force as limited by the rules, the contention of the employes must be denied."

Award 8218: "It is axiomatic that the Carrier has all management prerogatives not reliquished by Rules Agreements."

Award 1225: "It is well established that the Board is limited to an interpretation of the terms and conditions of the applicable agreement and that so long as its provisions are clear and explicit we may not vary or modify them by implication. It is also well established that to the extent the contract does not expressly limit or restrict management's right and prerogatives, it is free to exercise fully the usual and customary managerial functions."

An affirmative award in this case would be in direct contradiction to these rulings of the National Railroad Adjustment Board.

CONCLUSION

The carrier's position may be summed up as follows:

1. Car Inspectors and Car Repairmen are both classified as carmen under Rule 25 of the carmen's agreement and are governed by the same rules of the same agreement.

2. In the Youngstown Seniority District car inspectors and car repairmen are combined on one common seniority roster .

3. A previously settled case, relied upon by the organiation is not similar to the instant case and does not support the contention of the organization.

4. The work involved herein is carmen's work and was performed by a carman.

5. Award No. 2174, wherein the claim of the employes was sustained on the basis that separate rosters for repairmen and inspectors were in effect, certainly establishes a precedent for a denial of this claim where repairmen and inspectors are on a single roster and may be used interchangeably.

6. Awards of the Four Divisions of the National Railroad Adjustment Board support Carrier's position.

The carrier respectfully submits that the claim is without merit and therefore must be denied.

FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

Two regularly assigned carmen after reporting for duty were taken from their assignments in the shop and used in the yard for a time to perform inspection work, then returned to the shop where they completed their assignment.

In the Youngstown Seniority District carmen and car inspectors are carried on the same roster and under the Classification of Work Rule carmen's work includes car inspection. However, car repairmen jobs and car inspector jobs are separately advertised and awarded and to hold that they may be used interchangeably would nullify the seniority right to bid on the type of work preferred. Without disputing this, Carrier contends that the repairman could permissibly be used for inspection as here done during part of his tour of duty.

It may well be, as held in Award 1440, that there are jobs the primary function of which is car inspector but which may be used on repair work when not needed on inspection, and jobs the primary function of which is repairs but which may be used when necessary for inspection. If so, as also there held, such jobs should be so advertised that they may be identifiable for purpose of exercising seniority. They were not so advertised in the case before us.

Claimant's pay for the work lost should be at the straight time rate.

AWARD