Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7616
SECOND DIVISION Docket No.
7385
2-C&NW-CM-' 78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No.
76,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. That the Carrier improperly assigned D.W.P. Car Inspectors to
inspect cars in the Duluth train yards on dates of December 2,
3, 1+ , and
5, 1975.
2. That accordingly, the Carrier be ordered to compensate Cayman
Bernard Sislo eight
(8)
hours at time and one-half rate of .pay
for December ?_,
1975;
Lester Sullivan eight
(8)
hours at time
and one-half rate of pay fox December
3, 19'75;
Leo Shears eight
(8)
hours at time and one-half rate of pay for December
4, 1975;
and Roger Falk eight
(8)
hours at time and one-half rate of pay
for December
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 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.
Parties to said dispute waived right of appearance at hearing thereon.
This is a, dispute based on an alleged improper assignment of D.GT.P.
Railroad Car Inspectors to freight cars in the Chicago and North Western
Railroad yards at Duluth, Minnesota.
The carrier has defended on the basis of an alleged agreement between
the parties. The existence of said agreement has been denied by the
organization and the carrier has failed to prove the existence of same.
Form 1
Page 2
Award No.
7616
Docket No.
735
2-c&Nw-CM- ~ 78
The agreement between the parties is clear and the inspecting of
freight tax's is work that has been reserved to the caxznen on this
property.
In Award No.
6635
between these parties dealing with facts substantially
the same as those presented herein, the Board found that the actions of
the carrier were violative of the agreement between the parties. The
holding in Award No.
6635
is sound and we will follow same.
A W A R D
Claims sustained, limited to compensation at the pro rata rate for
the actual work time involved in performing the claimed work.
NATIONAL RAILROAD ADJTiSTP,1EIVT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
'Rosemarie Bra,sch - Admi.nistraiive Assistant
Dated at Chicago, Illinois, this
21st day of July,
1978