(Advance copy.
The
usual printed copies will be sent later.) I
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6472
SECOND DIVISION Docket No. 6362
2-C&NWT-CSI-' 73
The
Second Division consisted of the regular members and in
addition Referee John J. McGovern when award was rendered.
( System Federation No. 12, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to
Dute: { (Carmen)
{
( Chicago and North Western Transportation Company
Dispute: Claim of Ennlo=.ss
1. That the
Carrier unjustly removed Steven Tiesman, Caravan, from sand
blasting job. After working this job from February S, 1971 to
August 17, 1971 - 6 monthe and 15 days.
2. He was paid Helper's rate o f pay is.*terd o f the Carmen's rate while
performing Carmen's work.
3. That the Carrier be ordered to compensate Mr. Tiesman the Carmen's
rate of pay from February 5, 1971 to August 17, 1971 and from August
18, 1971 until he is restored to
the sand
blasting job, which is a
continuing claim.
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 arse respectively
carrier and employe within
the meaning
or
the Railway
Labor
Act
as approved June
21s 1934.
This Division of the Adjustment Board has jurisdiction
over
the dispute
involved herein.
Pasties to said dispute waived right of appearance at hearing thereon.
Rule 124 of the July 1, 1921 agreement was violated when Claimant was
demoted to helper and assigned to the sand-blasting job on February 5, 1971
Rule 124 reads in part:.
"Other carmen's work shall consist of * -- burning
off
or
sand-blasting paint; *--."
i
I
I
Form 1 -2- Award No.
6472
page 2 Docket No.
6362
2-C&NWT-CM-'
73
~r
Rule 14 of the July 1, 1921 agreement was violated when claimant was
paid carmen helper's rate of pay from February
5, 1971
until August 17,
1971.
However, since a claim was not filed until August 21,
1971,
the claim is barred
by Article V of the August.21,
1954
agreement to the extent that claimant is only
entitled to the difference in helper's rate of pay and carmen's rate of pay
beginning June 21,
1971
until August
18-, 1971...
Rule 16 of the July 1, 1921 agreement was violated when the sand-blasting
job was not bulletined.
Rule 16 reads in part:
"When new ,jobs are created, or vacancies occur in the respective
crafts, such new jobs or vacancies will be bulletined."
A W A R D
Claim l - Denied. Claimant was classified as a helper. The sandblasting ,job was carmen's work and should have
been bulletined as such.
Claim 2 Sustained. Sustained
in
accordance with the Findings.
Claim 3 - Sustained. Sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:.
,~Z . lee
-(~,~.CGa
v
_ _- Executive Secretary : -___
Dated at Chicago, Illinois, this jX.,t?z day of April, 173.
I
i