The Second Division consisted of the regular members and in
addition Referee Joseph M. McDonald when award was rendered.
SYSTEM FEDERATION NO. 41, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Carmen)
THE CHESAPEAKE & OHIO RAILWAY COMPANY
(Southern Region and Hocking Division)
EMPLOYES' STATEMENT OF FACTS: R. V. Crum, hereinafter re ferred to as the claimant, is employed at Russell Terminal, Russell, Ky. by the Chesapeake and Ohio Railway Company, hereinafter referred to as the carrier. On May 30, 1961, train Northern #95 Westbound Diesel Unit 6251 was ordered for 8:30 A. M., Ray Whaley, engineer, to be dispatcned, from Ttussell Terminal. Cars for said Train No. 95 were assembled on Tracks No
2, 3, and 4, Fitzpatrick Yard. Regularly assigned carmen G. C. Watkins, Harry Trent and Jack Brown were regularly assigned in Fitzpatrick yard with duties of inspection of cars and work trains to be dispatched from the Fitzpatrick yard. Such duties consist of coupling of air hose and, inspection of cars and making car to car air brake inspection test on train to be dispatched. In most cases, particularly this instant case, when trains are made up to be dispatched, the cars are assembled on more than one track and in this instant case the cars for Northern #95 were assembled on tracks 2, 3 and 4. Whc:, the cars are assembled on separate tracks, the carmen regularly assignee to work the air on the trains, applies the air from a yard air plant and. couples air hose, and after the air is charged to the required amount, applies the brakes from the yard air plant, and walks the air brakes and inspects each car to determine that brake or, each car set and release and that each car has the proper air brake piston travel length. After the cars are worked by the
time. Under no circumstances would an additional employe have been called from the overtime board for such service.
The employes on duty who were already working the train could have made the two hose couplings in question with little additional effort, and would have done so had the coupling not been made by the engineer. The voluntary service performed by the locomotive engineer did not deprive any employe of the carman craft of any earnings to which entitled.
Carrier submits that the claim of the employes is not supported by the agreement rules 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 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.
On May 30, 1961, cars for ,train No. 95 were assembled on tracks 2, 3 and 4 of Carrier's Fitzpatrick Yard, Russell, Ky.
Carmen were assigned to make the necessary inspection aiid air tests on these cars. While the Carmen were so engaged on tracks 3 and 4, the locomotive was coupled to the cars on track 2, and the engineer proceeded to couple the air hose between the first car and the locomotive and between the third and fourth cars.
We find that this was Carmen's work, and was performed by the engineer in violation of the controlling agreement.
This dispute is distinguishable from Award 4565 in that the work here assig.&d was a mechanical inspection belonging to the Carmen.
Carrier maintains however, that since the engineer acted on his own initiative and without Carrier's direction and authority, it cannot be held to have violated the controlling agreement.
Nowhere in this record is it disclosed that Carrier directed the engineer to perform this work; nor are circumstances disclosed which show that the 45&6-7 600