Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Alaard No
.7468
SECOND DIVISION Docket :10. 7+11
2-CRT-&P-CM-'78
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)
(
( Chicago, Rock Island and Pacific Railroad Company
( (William M. Gibbons, Trustee)
Dispute: Claim of Employes:
(1) That under the current Agreement the Carrier improperly assigned
other than a Coach Cleaner to clean coaches at Peoria, Illinois
on February
23, 1976
and all dates subsequent.
(2)
That accordingly, the Carrier be ordered to compensate Coach
Cleaner D. K. McReynolds eight
(8)
hours pay at the applicable
rate for February
23, 1976,
and all dates subsequent.
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, 193+.
This Division of the Adjustuent Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claim is here made that Carrier violated Rules
27
and
128
when on
February
23, 1976,
and subsequent dates, Carmen were assigned to perform
Coach Cleaner's work performed by Coach Cleaner D. K. McReynolds prior to
her furlough on January
16, 1976.
The record does not reflect who performed
such work or if it was performed between January
16, 1976
and the first
claim date of February
23, 1976.
Carrier alleges that the disputed work is not exclusively contracted
to Coach Cleaners. Carrier further claims that the amount of work performed,
which consisted of turning seats and emptying trash cans, entailed less
than one hour and does not justify the full time employment of a coach
cleaner. Carrier cites Second Division Award No.
5868
in support of its
position.
Form 1
Page 2
Award No.
7+68
Docket No. 7+11
2-C RI&P-CPI-'
78
fir'
We have carefully reviewed the record and the citations of the parties
and find that the Employes have failed to support its burden of proof that
the work in auestion is contractually reserved to Coach Cleaners under
circumstances which here prevail, to the exclusion of Carmen who are the
masters of their craft. The Claim will, therefore, be dismissed.
A W A R D
Claim dismissed.
Attest: Executive.Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By `~-,Jr
.os marie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 10th day of February,
1978.