Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7365
SECOND DIVISION Docket No.
7198
2-BRCofC-CM-'
77
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No.
6,
Railway Employes,
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Belt Railway Company of Chicago
Dispute: Claim of Employes:
1. That the Belt Railway Company of Chicago violated the agreement
rules when they abolished all wrecking crew jobs effective Sunday,
March 30,
1975,
and thereafter have used outside contractors to
perform all wrecking service.
2.
That the Carrier be ordered to comply with the agreement rules and
again use Carmen for all wrecking service as the rules provide.
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.
This claim is based on the Carrier's action of abolishing certain wrecking
crew positions which action allegedly violated rule
93
of the Agreement
between the Carrier and the Organization. It is the position of the Organization that rule
93
considered along with the past practice of the parties
vests the work in question in the Carmen.
The Carrier's first argument in response to the claim is that it
should be dismissed in that it was not appealed from the Carrier's highest
designated officer within
9
months from his decision to deny the claim.
The facts do not support the Carrier's allegation of a procedural
defect. The letter to Mr. Crawford, the Director of Personnel, dated May
23, 1975,
was not a letter appealing to the highest officer designated to
handle claims as contemplated by Article V of the August
21, 1954
National
Agreement. The Organization did process a claim through the proper channels
Form 1
Page 2
Award No. 7365
Docket No. 7198
2-BRCofC-CM-' 77
and ultimately to Mr. Crawford as the highest officer of the Carrier
designated to handle claims. That claim was denied by Mr. Crawford, which
denial was appealed within nine months.
The claim as presented is rather confusing in terms of what the
violation alleged to have been committed actually is; the abolishment of
the positions or the use of outside contractors to perform all wrecking
service.
There is no provision in the agreement that makes the abolishment of
the positions per se a violation of the agreement. No violation can b e
sustained solely on that basis. Further, there is nothing in the record to
support the statement in the claim that outside contractors have been used
to perform wrecking service.
Based upon the record before us we are unable to find support for the
claim of the organization set out in the statement of claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By _,
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 7th day of October, 1977.