Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7120
SECOND DIVISION Docket No. 6874-1
2-TP&WwI-' 76
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
( Mr. R. D. Bra kel:111
(
Parties to Dispute
(
( Toledo, Peoria &,Western Railroad Company
Dispute: Claim of Employes:
1. They were told by myself that tire position in which,
(Mr. Harmon Miller, local chairman, and Mr. Jones Master
Mechanic,) that I had no experience in
the wheel shop, or
no set up time on the wheel Machines,
2. The local chairman, Mr. Harmon Miller, of the Union, I,A,of M,
told me they were having trouble with a colored fellow and
had
himm 'toyt of
everyhodys hair",
and would prefer not too
have that job disturbed. This position was the only other job
I could have displaced and been reasonably save in doing the
work as I have had experience in Inspection of locomotives.
3. The man I
dispelced in the
wheel sop
offered no assistance
in
set up or running of the machines. Mr. Harmon Miller, spent
one day in the wheel shop and had to show both of us how to
properly run the Journal Lath. Both meaning Mr. Rick McWhorter
and
myself.
4. In the 3 weeks I was there as lead machinist I recieved no
assistance from the men in the wheel shop or from the
supervision.
5. The colored seen was moved from job to job, to keep him out
of everybody's hair.
6. My argument is if they can keep moving a man around because
he is un-qualified for that job or whatever the reason, they
can do it for another.
7. I was not told by any form of supervision that my work was
not of their expectations or did they warn the man I displaced frog the lead job, about his setting around for
going off to another
building
to visit with his friends.
8. The Wheel coaching (tread lath) is not safe for use, and has
not been for quite sometime. When in fact the helper and
myself,
had the
machine down
for approximately 1 week trying
to shim the travel ways to make it safe to run.
Form 1 Award No. 7120
Pa ge 2 Docket No. 6874-I
2-TP&W -I-'76
When in fact the master Mechanic, was and still is very much
aware of the situation
it
the wheel shop, with the machinist
Mr. Rick McWhorter, and the fact that
in
the last 3 weeks
there was only 2 sets of wheels that had the tread
and flanges
turned on there by the above mentioned gentleman.
9. Mr. Harold Jones, Matter Mechanic, is aware that the head on
~~
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~,:.4~
,;^~.t~xe~
0%r._ t-s~.~v of the wheel as shown in
example 1--A,, he go-' sge is nor-aally the whole width of the tread
or cr,stting tool and approxittely 1/8 to
4
inch deep. If
a
machinist was to try and machine these gouges out then the
wheel would be scrap, or out of limits. '
Findings
The Second
Division
of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or
carriers and the employs or employee involved in
this dispute
are
respectively carrier and employs within the meaning of the
Railway Labor Act as approved June 2?, 1954.
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 contcinds that the claim is not
properly before
this
Board because Clai®nt
failed to follow the contractually
required
handling on the property. Our review of the record reveals that C1aimnt
is attempting to assert before this Board a matter which was not handled
on the property pursuant to Rule 32 of the current
agreement,
and as
required by Section S First (i) of the Railway Labor Act. Accordingly,
the claim is barred from consideration by this Division and oust be
dismissed* See Second Division Awards 7026, 6992, 6874, 6829 and 7088.
A WA R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Form 1
Pa ge 3
Attest: Executive Secretary
National Railroad Adjustment Board
B
-o-~·-e~
Y
- /A~ILO-~
A-een
Rosemarie Branch ° Administrative Assistant
Dated at Chicago, Illinois, this 20th Day of August, 1976
Acrd No. 7120
Docket No. 68?4-I
2-TP&W-I-'76