Award No. 4604
Docket No. 4472
NATIONAL RAILROAD ADJUSTMENT BOARD
The Second Division consisted of the regular members and in
addition Referee J. Harvey Daly when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 6, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
CHICAGO, ROCK ISLAND AND PACIFIC
RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreement the Carrier improperly
assigned three maintenance of way employes to perform Carmen's
work at Newton, Iowa.
2. That accordingly, the Carrier be ordered to compensate Carmen L. Steele, R. Hauge and J. Hoffman eight (8) hours at the punitive rate of pay.
EMPLOYES' STATEMENT OF FACTS: On April 20, 1962, the Chicago,
Rock Island and Pacific Railroad, hereinafter referred to as the carrier, instructed the section foreman and two other section men to make repairs, consisting of removing and applying 12 decking planks, to ramp car R.I. 95993
at Newton, Iowa, where no carmen are employed.
Carmen L. Steele, R. Hauge and J. Hoffman, hereinafter referred to as
the claimants, were available for and were willing to perform the work performed by the three section men.
This dispute has been handled with all carrier officers authorized to handle
disputes, including the highest designated officer, with the result that he too
declined to adjust it.
The agreement effective October 16, 1948, as subsequently amended, is
controlling.
POSITION OF EMPLOYES: The carrier, in all the handling of this
dispute on the property has contended R.I. 95993 is not rolling stock and is
just the same as an auto ramp or fixed dock. The employes would point out
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nance of way men anywhere near 8 hours to apply 12 planks to the deck of
this ramp, therefore, the claim made has no relationship in fact or logic to
actual damage even if such had occurred.
For the foregoing reasons this claim is totally lacking in 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.
Parties to said dispute waived right of appearance at hearing thereon.
On April 20, 192, a Section Foreman and two Section Men made decking
plank repairs to Ramp Car R.I. 95993-which was being used as a loading
and unloading ramp-at Carrier's facility at Newton, Iowa, where no Carmen
are employed.
'The Organization contends that the Ramp was a Car; was rolling stock;)
that the Car's identity was not destroyed by the removal of one truck and the
one coupler; and that the repair work in question belonged to Carmen according to Rules 28, 110 and 121 of the controlling Labor Agreement. Therefore,
the Organization claims that, the Claimants, Carmen L. Steele, R. Hauge and
J. Hoffman, who were regularly assigned Carmen at Carrier's Des Moines
facility, should have been used to do the work in question, because they were
available and were willing to do such work.
The Carrier contends that the Ramp was not a Car but a structure and,
therefore, the work in question was performed by the proper persons. In support of its position the Carrier states that the Ramp was made from an old,
retired flat car(which was no longer classed as rolling stock. )
The fact that the Ramp Car or Structure carried a Rock Island 95000
series number-the numerical designation used by the Carrier to indicate work
equipment stock-is not a determinative factor in this case. The function or
use of the equipment determines its purpose and proper nomenclature. j
When the truck and coupler were removed from the same end of the Ramp
Car, its function as a Car ceased. The fact that the truck and coupler were
nearby is of no consequence.
A pair of skates with the front wheels removed ceases to be a functioning
pair of skates, because their ability to perform has been destroyed.
. Likewise, a Diesel Locomotive with its diesel engine or essential parts
thereof removed, could not still be properly classified as a Diesel Locomotive.
Accordingly, we must conclude that when the truck and coupler were removed from the Ramp Car in question,(it lost its rolling stock)function and
purpose and took on another use and characteristic. Consequently, the arguments and claims of the Organization must be denied.
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AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: William B. Jones
Chairman
E. J. McDermott
Vice Chairman
Dated at Chicago, Illinois, this 9th day of December, 1964.