Form 1 NATIONAL RAILROAD
ADJUS'I'MENT BOARD
Award No. 6655
SECOND DIVISION Docket No. 6456
2-C(YN4-CM-'
74
The Second Division consisted of the regular members and in
addition Referee Louis Yagoda when award was rendered.
( System Federation No. 12, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. That the Carrier improperly assigned D.W.P. Car Inspectors to
inspect cars in the Itasca train yards on dates of November
24,
1971; November 26, 1971, November 27, 1971, and December 5, 1971..
2. That accordingly the Carrier be ordered to compensate Carman
Randy Magrrssen eight (8) hours at time and one-half for November
24, 1971; Carman Calvin fiawerth eight (8) hours at time and onehalf for November 26, 1971; Carman Joseph Triske eight (8) hours
time anti one-half for November 27, 1971.; and Carman Bernard Sisle,
eight (8) hours at time and one-half for December 5, 1971._
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.
The parties stipulate that on the dates set forth in claim, Car
Inspectors employed by the D.W.P. Railroad came into the Chicago & North
Western yards a t Itasca and there inspected freight cars destined for
delivery to D.W.P., placing "bad order" cards on those found defective. It
is undisputed that said cars had been inspected by appropriate C & NWT
employees at various locations prior to being dispatched to Itasca. It is
also undenied that Claimants were off-duty Carmen and available for service
on the dates involved.
Rule 138,cited by Employes) plainly includes the functions of
"inspecting" freight cars as well as "car inspectors" as part of carmen's
work.
Form 1 Award No. 6635
page 2 . Docket No. 6456
2-C&NW-CM-' 7 4
Carrier's contention is that there was no usurpation of the work of
its carmen employees inasmuch as these inspections were of a supplementary
nature to assure operative loading suitability. Such inspections are
normally made at designee's Duluth yard, a linkage point between the two
railroads, some 6 to 7 miles from Itasca, but Carrier anu receiver sought
by these means to avoid costs and delays of return movement of cars rejected
at Duluth.
No matter how justifiable the motive in economic terms, the work
involved has not been shown to be other than that customarily performed by
employees of carmen craft covered by Agreement rules and intended by the
latter to continue to be assigned to them, absent emergency conditions
preventing such assignment (we find none here). ,A line of decisions on
this Division - Awards No. 3521, 4566, 4681, 5953, dealing with similar
situations has precedentially so established.
In line with settled Division precedent, claim will be limited to the
pro-rata rate for the actual work time involved in performing the claimed
work.
A W A R D
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actual work time involved in performing the claimed work.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
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osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois this 6th day of February, 1974.