NATIONAL RAILROAD ADJUSTMENT BOARD
The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION N0. 103, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. 0. (Carmen)
CHICAGO RIVER & INDIANA RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Carrier violated the Rules of the current Agreement
when on March 11, 1958 it laid off four (4) Carmen in Halstead
Street Yard of the (Chicago Junction Railway Company) The Chicago
River and Indiana Railroad Company and transferred their work to
the Trainmen.
2. That these carmen who were laid off on March 11, 1958
Messrs. A. Cameron, E. Mokasak, B. W. Patti and J. Grekovicz be paid
for all time lost until they are returned to service.
EMPLOYES' STATEMENT OF FACTS: There is an agreement in effect
between the (Chicago Junction Railway Company) The Chicago River and
Indiana Railroad and System Federation No. 103, which reads as follows:
"AGREEMENT BETWEEN
INDIANA HARBOR BELT RAILROAD, CHICAGO RIVER AND
INDIANA RAILROAD
And All That Class Of Employes Represented By,
SYSTEM FEDERATION NO. 103, RAILWAY EMPLOYES DE
PARTMENT A. F. OF L. MECHANICAL SECTION NO. 1 THEREOF:
1-International Association of Machinists.
2--International Brotherhood of Boilermakers, Iron. Ship Builders and
Helpers of America.
3-International Brotherhood of Blacksmiths, Drop Forgers and
Helpers.
4-Sheet Metal Workers' International Association.
[840]
4146-17
856
2. Carmen's Rule 154 is not violated when trainmen couple air
hoses and make air tests; and
3. The claim in the instant dispute is wholly without merit and
should be denied in its entirety.
FINDINGS: The Second Division of the Adjustment Board, upon the
whole record and all the evidence, finds that:
The carrierr 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.
This claim is in all material respects identical with that in Award 4145
and necessitates the same conclusion.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1963.
DISSENT OF LABOR MEMBERS TO AWARDS Nos. 4145, 4146, 4147
A reading of the Cheney Award and Shipley v. P. & L.E. R.R. Co., will
readily reveal that they are inapposite. The pertinent Court cases are Virginian
Ry. Co. v. System Federation No. 40, 67 S. Ct. 592 and Order of R. R. Telegraphers vs. Railway Express Agency, 64, S. Ct. 585.
The majority in quoting an excerpt from Award 1626 to support the
present findings seemingly overlook that part of the quote reading "* * * unless
the rule is enlarged by special agreement." That there was a special agreement in the instant case is shown by letter of February 6, 1946, addressed
to the General Chairman of the Carmen by the Superintendent of Equipment,
in which it is stated:
"*
* * I have hereby agreed that we will * * * perform the
work at both locations, namely Old Blue Island Yard and LaGrange,
with I.H.B.R.R. Carmen forces.
* * * we will therefore agree * ' ' to comply with the agreement enacted here this A. M. * * *"
4146-18
857
The awards cited by the majority show a lack of evaluation of Second
Division awards. In Award 1372 on the New York Central Railroad, of which
the Indiana Harbor Belt Railroad and the Chicago River and Indiana Railroad
are subsidiaries, the parties there, as here, by settlement reached on the
property by those in authority to settle such claims`, decided that the nature
of the instant work was carmen's work and the majority should have so held
here.
C. E. Bagwell
T. E. Losey
E. J. McDermott
Robert E. Stenzinger
James B. Zink