Form 1 NATIONAL .RAILROAD ADt'USVMMT BOARD Award No.
7105
SECOND DIVISION Docket No.
6775
2-DM&IR-CM-'76
The Second Division consisted of the regular members and in
addition Refexee,Robert M. O'Brien when award was rendered.
( System Federation No. 7, Railway Employee'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Duluth, Missabe and Iron Range Railway Company
Dispute: Claim of Employes:
1. That under the current agreement the Duluth, Missabe and Iron
Range Railway Company improperly assigned other than taxmen to
make repairs to iron ore car consisting of removing and applying
air hose on August
27, 1973,
Iron Ore Docks, Duluth, Minnesota.
2. That accordingly the Carrier be ordered to additionally compensate
Caiman D. L. Erickson in the amount of four
(4)
hours at tie
applicable rate for this violation.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox carriers and the employs or employee involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June
21,~ 193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Carrier maintains a train yard at the Iron Ore Docks, Duluth, Minnesota
where taxmen are employed on all three shifts, seven days per week. On
August 27,
1973,
an ore tax within the yard limits at the Iron Ore Docks
was found to have a ruptured air hose. A yard trainman was used to inspect,
remove and apply an air hose to the iron ore tax although a cax~nan was on
duty and available to perform said work.
It is the Organization's contention that the removal and attendant
replacement of a ruptured air hose, in yards where carmen are on duty, is
maintenance and repair work reserved to taxmen by virtue of their Scope
Rule and Classification of Work Rule. Since the work in question is reserved
to carmen, claimant, a carman on his rest day, was available and should have
been called to perform it.
Form 1
Page 2
Award. No. x-05
1?ocket No. 677
2-DM&IR-CM-'76
:~arxier denies that the Classification of Work Rule reserves the work
o.".: rvplacing defective air hoses exclusively to taxmen. Rather, they mainta-.Lr1
that Rule
77
is a general Classification of Work Rule which makes no specific.
reference to the replacement of air hoses. Moreover, the Carrier argues that
employees in train service have always replaced air hoses.
Carrier's argument to the contrary notwithstanding, it is the opinion
of this Board that Rule
77,
the Carmen's Classification.of Work Rule,
reserves to taxmen the work of replacing defective six hoses in yards where
taxmen are on duty. Rule
77
provides, in pertinent part, that taxmen's
work shall consist of maintaining passenger and freight cars. When a yard
trainman was required to replace a defective air hose, he was thereby required
to perform maintenance work that
is
reserved to taxmen by Rule
77.
Although the Organization and the Carrier have alleged a past practice
that purportedly supports their respective positions, in the light of the
conflicting
nature of this
evidence
little reliance can tae placed on the
alleged
peat
practice. And in arty event, Rule
77
clearly and unequivocally
reserves the work in question to taxmen.
Inasmuch as the Agreement was violated, we deem four hours pay as
provided by the call rule an appropriate measure of damages.
A W A R D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOAF~D
NATIONAL Order of Second Division
3Y _
R rie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 23rd day of July,
1976.