Form I NATIONAL RAI LROAr: AD.n1ST`·-E`7 BOARD Award No. 7487
SECOND DIVISION Docket No. 7315-T
2-BN1-Cry-'
78
The Second Division
consisted
of the reg.:lar members and in
addition Referee
Theodore H.
O'Brien when aw~.rd was rendered.
Parties -to Dispute;
System Federation No. 7, Railway Employes'
Department, A. F . of L. - C. I. 0.
Dispute: Claim of Fnalflves:
Burlington Northern Inc.
1. That the Burlington Northern Inc, is in violation of Rule
98(c)
when on Aug·ast
5, 1975,
the work of clearing and servicing of way
cars was arbitrarily removed from, the class of coach cleaners and
assigned to employees of the International Brotherhood of rirFn
& Oilers (laborers), A1liarce, 'debras'aa,
2. That accordingly, the Burlington Northern Inc. be required to
compensate Coach Cleaner L. Bordeaux, Alliance, Nebraska eight
(8)
hours at genitive rate for each day cQmm4ncint3 Auvst
5,
1975,
and continuing until this claim is adjusted and t`:e above
work returned to the Caw:en's Craft (Coach Cleaners).
Findings;
The Second Division of the Adjustment Board, upon the whole reco-:°d and
all the ev.'ence, rinds that:
a
The carrier or carriers and the employs or employes involved in this
dispute are respectively carrier and employs within the meaning of the
Railway Labor act as apprc,Yed June 21, 193-*.
This Division of the
Adjustment
Board has jurisdiction over the dispute
involved herein.
'Parties to said dispute waived right of apcearance at hearing thereo.A.
The Carrier maintains a Train Yard and Repair Trick which employes a
number of coach cleaners assigned to clearing cabooses at Alliance, Nebraska,
which is part of the former Chicago, Burlington and Quincy Railroad. The
petitioning Organization has processed this claim on be-W of the Claimant
who is a Coach Cleaner at Alliance. In August of
1975,
the Carrier assigned
the work in question to employees represented by the International Brotherhood
of Fireman and Oilers, ".he petitioning Organization alleges that Coach
Cleaners have exclusive rights to this work at Alliance, Nebraska under. the
provision of Rule
98(c),
inasmuch as they performed the work continuously
at that point from the -beginning of pooled cabooses (mid
1957)
to the date
giving rise to the instant claim, AuEast 5, 1975.
Form I.
Page 2
Award :No.
7487
Docket No.
7315-T
2-Bpi-CM-'
78
On March
3, 1970,
the Northern Pacific, 3reat Ncr'therm, Chicago, Buxling:oc
and quincy and the Spokane, Portland and Seattle Railroads were merged into
one Carrier new known as the Burlington Northern inc. Role
98(c), upon
which the
Organization
relies, was negotiated to preserve the practices
historically in effect on
the
former railroads
prior
to the merger of
March 3, 1970. Rule
98(c)
states as follows:
"It is the intent of this Agreement to preserve
the pre
existing rights accruing to
employ
ees covered by the
Agreements as
they existed ur,'.er similar
rules in
effect on
the
CB and Q, NP, (1N and SP and S Railroads
prior try the date of
the merger; and shall not operate
to extend jurisdiction or
Scope Rule coverage to
agreements between another organization and one or more
of the merging Carries which were in
effect prior to
the date of merg--."
The matter of applicatioia of Rule
98(c) was
the subject of e~:~uensive
treatment in Second Division Award No.
6867
(Twomey), involving
the same
Carrier as in the instant cla~`m and
the Sheet
Metal Workers, and
in
Second
Division Award No.
7244
(Roadley),
involving the same parties that are
before us in
the
instant claim. Those awards found that
in order for work
to be retained based solely on the provisions of Rule
98(c),
the claictng
party must show an exclusive
system-·wide practice on the former cogent
railroad prior to the -merger. Based on
the
reasoning in tho.~e asmrds .%nd
the lack of
evidence that
the practice at Alliance, Nebraska. w=..z syst-em
wide on the
former Chicago, Burlington and ~--uincy Railroad, -ie will diamisa
the claim.
A W A R D
Claim di ,sassed.
Attest: Executive Secretary
National Railroad Adjustment Board
$Y
a
e~
~r-ie
Branch
- Administrative Assistant
Dated at Chicago, I11ino's, this 4th day of April, 1978,
NATTOIUAW, RAIIXAD ADJUST BOA-P2
By Order of Second Division