The Second Division consisted of the regular members and in
addition Referee Ben Harwood when the award was rendered.
RAILROAD DIVISION, TRANSPORT WORKERS UNION
OF AMERICA, A. F. of L.-C. I. O.
THE PITTSBURGH & LAKE ERIE RAILROAD COMPANY
AND THE LAKE ERIE & EASTERN RAILROAD COMPANY
EMPLOYES' STATEMENT OF FACTS: This case arose at Youngstown, Ohio and is known as Case Y-148.
That closing of box lids, coupling of airhose, and making a terminal air test has always been considered as carmen's work and not trainmen's work.
That a written statement has been received from the carrier's employe, Mr. William Tucciarone, in which he states that he was personally told by one of the trainmen that they did perform the work as stated.
That at this point car inspectors have always closed box lids, coupled airhose and tested the airbrakes and not the trainmen.
That the Railroad Division, Transport Workers Union of America, AFLC10 does have a bargaining agreement effective May 1, 1948 and revised March 1, 1956 with the Pittsburgh & Lake Erie Railroad Company and the Lake Erie & Eastern Railroad Company, covering the carmen, their helpers and apprentices (car & Locomotive departments), copy of which is on file
For pronouncements similar to the above on the question of air hose coupling and testing air in connection therewith, see Second Division Awards Nos. 32, 667, 682, 833, 918, 1218, 1333 and 1626, 1636, 2253 and numerous others of both First and Second Divisions.
CONCLUSION: Carrier asserts that this claim should be denied for any one or all of the following reasons:
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.
Claim here is for eight hours pay at pro rata rate for three unnamed extra board car inspectors who, it is alleged, were eligible to work but were not called to "couple airhose, test airbrakes and oil cars", 12 in number, on 2-C track in Gateway Yards, October 4, 1960, due to the fact that this work was then done by trainmen who were moving said cars to the McGuffey Street Yard of the New York Central Railroad at Youngstown, Ohio. 4210-14 749
It is apparent from a painstaking examination of the record that this case, aside from minor and immaterial variations in the facts, none of which make any fundamental or significant difference in the questions presented to the Board, is practically identical with Award No. 4209 and requires the same disposition.
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, 57 S. Ct. 592 and Order of R. R. Telegraphers vs. Railway Express Agency, 64 S. Ct. 585.
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 Pittsburgh and Lake Erie Railroad Company and the Lake Erie and Eastern Railroad Company 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.