Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6570 f
SECOND DIVISION Docket No.
6389
The Second. Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 100, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: (Carmen)
( Erie-Lackawanna Railway Company
Dispute: Claim of Employes:
That the Erie Lackawanna Railway Co. compensate Mr. F. Lynch, Mr. E.
rritZ1v
j and Mr. H. Mounds, Carmen, Brier Hill Car Shop, Youngstown, Ohio,
for
2
hour pay at the pro-rata rate of pay for the period 12 noon to.
12:30 PM,
while working temporarily away from their home pointi for
various dates in April, 1971.
Mr. F. Lynch---15-16-19-20-22-23-27-28-29-30
Mr. E. Nitzky--19-20-21-22-26-27
Mr. H, Mounds--15-16-19-20-21-22-23-26-27-28-29-30
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.
I
Parties to said dispute waived right of appearance at hearing thereon. !
On claim dates in question, Claimants were required to perform work at
Mosier Yard which is.-1beated approximately two miles from Carrier's Brier Hill Car
Shop where they are employed. It is undisputed that both Brier Hill Car Shop and
Mosier Yard are within the same yard switching limits, and both within the same
seniority district
of
Claimants.
The Organization asserts that the claims should be sustained on the basis
of a violation of Rule 10(a) and (h) as well as past practice.
Form 1
Page 2
Award No.
6570
Docket No. 6~1
2-EL-CM-'73
The Board finds that Rule 10 is not applicable because there are no
carmen positions at Mosier Yard. As such, Claimants could not be filling temporary
vacancies under Rule 10, the temporary vacancy rule. Instead they were performing
work on their own positions within the switching limits of their home point.
With respect to past practice, the record fails to reveal that such past
practice, as alleged, was system-wide. Isolated local instances of past practice
are insufficient under the vast majority of the awards of this Board.
r1 W A R D
Claims denied.
NATIOPiAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad .'..1'justment Board
,.Rosemarie Brasch
Administrative Assistant
Dated at Chicago, Illinois, this 14th day of September, 1973.