Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7337
 SECOND DIVISION Docket No. 7210
 2-B&O-CM-'77



Panties to Dispute: ( (Carmen)

Dispute: Claim of Employes:



Findings:
The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that;

 The carrier ox carriers and the employe ox employes 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.

On January 10, 13 and 14, 1975 the carrier is alleged to have violated. the agreement between the carrier and the organization by permitting supervisory personnel to perform work that belongs to the taxmen under the agreement: The specific rules alleged to have been violated axe rules 29 and 138.

"(Rule Established by Labor Board

Effective December 1, 1921.)





Form 1 Award No. 7337
 Page 2 Docket No. 7210
 2-B&O-CM-'77
 "except foremen at points where no mechanics are employed.
 "This rule does not prohibit foremen in the exercise of
 their duties to perform work.
 "At outlying points (to be mutually agreed upon) where
 there is not sufficient work to justify employing a
 mechanic of each craft, the mechanic or mechanics
 employed at such points will, so far as capable, perform
 the work of any craft that may be necessary."
 "RULE 138.






houses; joint car inspectors, car inspectors, safety.
 appliance and train car repairers; oxyacetylene, thermit
 and electric welding on work generally recognized as carmen's
 work; and a1.1 other work generally recognized as taxmen's
 work.

 "It is understood that present practice in the performance of work between the taxmen and boilermakers will continue.

 b
 Form 1 Award No. 7337
 Page 3 Docket No. 7210
 2-B&O-CM-'77
 "It is agreed that the positions of locomotive crane
 operators in the Stores Department, as well as the
 wrecking crane engineers, should be classified and
 take the rate of freight car repairmen, and all such
 positions would come under the jurisdiction of the
 Carmen's Organization."

 The facts of the case are as follows: Mr. C. D. Everetts was upgraded from carman to foxemanIstatus on January 10, 1975. On the claim dates the carman position Mr. Everetts vacated was not filled and the work performed by Everetts as a carman was continued to be performed by him as a supervisor and by another foreman R. C. Cox. The work in question involves checking work and writing up repair bills.

 It is the position of the carrier that the work in question is not reserved to the carmen by either agreement or practice. The carrier contends that the work is done by foremen as part of their regular duties. They point out that specific provision is made for this in rule 29 wherein it is stated, "This rule does not prohibit foremen in the exercise of their duties to perform work:"

 The organization relies primarily on the language of rule 138 which refers to "inspecting" or "inspection" as the basis for their claim. Their allegation is to the effect that, contrary to what the carrier implies in its submission, more than 50% of the work involved relates to inspecting.

 On this property the work in question has been assigned by bulletin to both taxmen and supervisory personnel. The carrier alleges that at many locations where the work has not been assigned to supervisory personnel by bulletin, i.e., assistant foreman work checker, it has been and is being done by foremen as part of their regular duties. The organization claims that if this is so it is a violation of the agreement.

 We axe not persuaded that the work in question has been proved to be that of the carmen. The actions of the parties with regard to the work in question far from substantiate the organization's claim to the work on behalf of the caxznen. If the work can be assigned to an assistant foreman by bulletin the carmen's claim to the work is tentative at best. The organization has failed to prove its allegation that the work performed by C. D. Everetts as a carman and later performed by supervisory personnel is reserved to the carmen by agreement.

    Claim denied.


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 Form 1 Award No. 7337
 Page 4 Docket No. 7210
 2-B&o-CM-'77
 NATIONAL RAILROAD ADJUSTMENT BOARD ,__
 By Order of Second Division
 Attest; Executive Secretary
        National Railroad Adjustment Board


. w:.
 By .` ~ ' ~-~-~--~. _ l ..f
      osemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 29th day of July, 1977.

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