The Second Division consisted of the regular members and in
addition Referee Richard F. Mitchell when award was rendered.
SYSTEM FEDERATION NO. 91, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Carmen)
EMPLOYES STATEMENT OF FACTS: On July 5, 1958 and subsequent thereto, the carrier established many inspection points throughout the system, assigning train and engine crews to duties of inspecting cars and trains.
At all terminals and inspection points where carmen are employed as inspectors the inspection of cars and trains have been curtailed, with car inspectors restrained from making proper inspection and in many cases no inspection whatsoever is permitted.
This case has been handled repeatedly with the proper officers of the carrier both by correspondence and conferences, without a satisfactory conclusion.
The agreement of September 1, 1943 as subsequently amended is controlling.
POSITION OF EMPLOYES: It is submitted that the carrier violated the terms of the carmen's special rules of the federated agreement, particularly that portion of Rule 104, reading-
There has been no encroachment on the duties of the carmen, therefore, as there has been no violation of the agreement, the claim is without merit and should 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.
It is the claim of the Employes that the Carrier established many inspection points throughout the System assigning train and engine crews to duties of inspecting cars and trains in violation of Rule 104 of the Federated Agreement, particularly that portion of Rule 104 reading "Carmen's work shall consist of . . . inspecting all passenger and freight cars, both wood and steel, . . . inspection work in connection with air brake equipment on freight cars; . . .; joint car inspectors, car inspectors, safety appliance and train car repairers..~. and all other work generally recognized as carmen's work," by establishing inspection points at certain places along the right of way, where stops were made by the trains.
It is the claim of the Carrier that it had a large number of hot boxes, that some of them occurred a short distance out of the terminals, where just shortly before car inspectors had inspected the train. That for this reason Carrier issued instructions, that train and engine crews, in accordance with the Transportation Rules maintain close observation of their trains, and that the trains be stopped at certain places, set out in Carrier's instructions, where a visual inspection would be made by the train crew.
Rule 857 of the Rules of the Transportation Department effective July 1, 1933 provides:
Since this rule has been a part of the Transportation Department for better than 18 years, it is apparent that train crews have for many years been making the type of inspection involved in this dispute. The observation made by the train crew could in no manner be considered similar to the mechanical inspection and repairs made by the Car Inspectors of the Carmen craft.
All that the train crew is required to do when train is stopped is to observe the train, there is no evidence that any work was performed.
There has been no encroachment of the duties of the Carmen, and thus no violation of the Agreement.
The fact that the carrier issued instructions that train and engine crews, in accordance with the Transportation Rules, make visual inspection of trains stopped at certain places set out in carrier's instructions refutes the finding of the majority that the train crews for the past 18 years have been making the type of inspecting involved in this dispute. It is apparent that prior to the issuing of these instructions such inspecting was performed by car inspectors. Thus, contrary to the findings of the majority, the use of the train crew encroached the duties of the carmen in violation of the controlling agreement between this carrier and System Federation No. 91.