C:\AWARDS\OUT\2-07055.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7055
SECOND DIVISION Docket No. 6986
. 2-HB&T-CM-'76

The Second Division consisted of the regular members and in addition Referee David P. Twomey when award was rendered.

System Federation No. 2, Railway Employes'

Department, A. F. of L. - C. I. 0.

Parties to Dispute : { (Carmen)
(
( H.9uston Belt & Terminal Railway Company

Dispute: Claim of Employes:

1. That the Houston Belt & .Terminal Railway Company violated

the controlling agreement, particularly Rules 10 and 22,

when other than coach cleaner was improperly assigned to

perform coach cleaners' work on March 25, 1974, Houston,

Texas.

2. That accordingly, the Houston Belt & Terminal Railway

Company be ordered to compensate Coach Cleaner J. D.

Browning

the amount of.eight hours (8') at punitive

rate for March 25, 1974, as he was available to perform

this work.

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.

Claimant Coach Cleaner, J. D. Browning, a member of the Carmen's Craft, was available for overtime on March 25, 1974. Coach Cleaner E. Young was off sick on this date. The Carrier assigned Laborer L. Clay to fill E. Young's Car Cleaner assignment. The petitioning Organization contends that this assignment of Laborer Clay of the Firemen and Oilers' Craft was a violation of Rules 10 and 22 of the Agreement. We agree. Please see Second Division Awards 1149 and 3595.

We hold that the assignment of a laborer to do coach cleaner work was a violation of the Agreement of the parties; and we shall sustain the claim.
Form 1 Award No. 7955 Page 2 Docket No. 6936 2-HB&T-CM-t 76

A W A R D

Claim sustained. NATIONAL MILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board Rosemarie Bra sch - Administrative Assi$ta nt Dated at Chicago) Illinois this 14th day of My, 1976.