Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7+08
SECOM DIVISION Docket No.
7318
2-D1&W-CM-'
77
The Second Division consisted of the regular members and in
addition Referee James C. McBrearty when award was rendered.
( System Federation No. 16, (Formerly System Federation
( No. 23) Railway Employes' Department, AFL-CIO
( (Carmen)
Parties to Dispute:
( Norfolk and Western Railway Company (formerly The
( Wheeling and Lake Erie Railroad Company)
Dispute: Claim of Employes:
1. That carrier violated the current working agreement when General
Car Foreman E. F. Campbell performed carmen's work by repairing
freight cars at Cleveland, Ohio on June
5, 1975.
2. That during the processing of the claim. on the property carrier
violated Section
3
(i) of the Railway Labor Act and Article V,
National Agreement dated August 21,
1954.
3.
That accordingly, carrier be ordered to compensate Cayman W.
Eggers, who was on his rest day and available fox work, eight
(8)
hours at time and one-half for June
5, 1975.
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 axe 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.
Patties to said dispute waived right of appearance at hearing thereon.
The record before us contains a written statement by a one George
Kravetz that Carrier's General Car Foreman, E. F. Campbell, "assisted him in
the repairing of Car for
8
hours," on June
5, 1975.
This statement by Mr.
Kravetz also indicates that "Mr. E. Campbell done (sic) most of the repairing."
The record also contains written statements by Mr. Charles A. Biada,
the Local Chairman, and a one Ronald M. Schlussex, that they observed
General Car Foreman Campbell on June
5, 1975
at
10:15
AM making repairs to
six (6)
specific cars. These repairs consisted of items such as straightening
ladders, and sills, as well as putting a door pin in a hopper pocket..
Forth 1
Page 2
Award No. 7+08
Docket No. 7318
2-N&W-CM-`77
Rule 64(B) sets forth freight Carmen's work, while Rule 12(A)(1) states
that "Mechanics' work, as hereinafter defined, shall be performed once by
regularly employed mechanics or apprentices in the respective crafts
...."
(Emphasis added).
On the other hand, Rule 12(A)(3) specifically states: "Nothing in this
Rule 12(A) shall be construed as prohibiting foremen or other supervisors
from performing mechanics' work in the course of their duties." (Emphasis
added .
According to Carrier, General Car Foreman Campbell went with Mr. Kravetz
into the yard "in the interest of safety to the employee and to insure that
the work was properly performed," since Kravetz had less than one (1) year
of experience, and -was working as an up-graded or temporary carman.
Insuring safe and proper performance of work is a portion of the duties
of a foreman, especially so under the circumstances stated above.
Therefore, in light of the specific language in Rule 12(A)(3) the
Board finds that Carrier did not violate the Agreement. The claim must b e
denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTNENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 2nd day of December,l977.