Form 1
NATIONAL RAILROAD ADJUSTMET''''1. BOARD Award No.
765
SECOND DIVISION Docket No.
7130-T
2-T&P-C M-
` 78
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System federation ado. 121, Rail-way Employes'
Department, A. F of L. - C. I. 0
Parties to Dispute: ( (Carmen)
Dispute: Claim of Fr:ployes:
Texas and Pacific
Railway
Company
1. That the current agreement was violated when Carrier sent other
than Cartncn(Watex Service Employes) to Denton, Texas to install
space caboose heaters in outfit cars
~a'x 41735
and .M.~
4736 on
November
5, 6, 7
and
8, 1974.
2. That accordingly, the Carmen be made whole by addit--lona,lay
compensating Carman R. L. Perkins and R. L. Sa.gstetter eight
(8)
hours at the overtime rate Aovemi>er
5, 1.974;
Caynan J. T. Freeman
and R. F. Wilson Matt (8) hours at overtime rate ivovember
6,
1974;
Carman R. A. Lowe and B. P,. Cox eight
(B)
hours at overtime
rate Ivoven_bor
7, 1974;
and Carman w^1. K. Warren and B. J Woodall
eight
(8)
hours at overtime rate November
8, ig,T4.
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 Jane 21, 193*.
This Division of the Adjustment Board. has jur:isd:i coon over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In this case, Water. Service Employees who belong to the maintenance
of way cram installed space heaters in outfit cars located in the vicinity
of Denton, Texas. This location is approximately
35
miles from the yard
at Fort Worth, Texas. and 40 miles from ';;he car repair facility i n the
Maiatenance of Equip::ent DLDartr.:c.zt at tort Worth. The Claimants are
carmen who claim this work belonged to them under their classification of
work rule number
83 .
Form 1 Award No.
7625
Page 2 Docket No.
7130.-T
2-T&P-CPI-' 73
The Carrier acknowledges this work would. be performed by caxznen if
the cars were located on the car repair track, but deny that such work
should be performed bar cwrmen on line of road. The cover of the controlling
agreement provides treat:
"It is understood that these rules shall apply only
to those performing work as specified in this agreement, in the Reclamation Plant and Maintenance of
Equipment Department."
This Board has consistently held that such a provision limits the
application of the classification of work rule to work treat is performed
in the Maintenance of Equipment Department and the Reclamation Plant. See
Second Division r^:~-.yards
6253, 619e
and
6493.
i'H splice heaters were not
installed in the Maintenance of Equipment Department so the classification
rule would not apply.
l:u1e 91, ho,rever, does prescribe when Carmen will be sent out to
perform road work. It provides:
"Z^?hen necessary to repair cars on the ,toad or away
from the shops, carmen, and helpers when necessary,
w5.11 be : ent out to perf ora such i'rorh as putting in
couplers, draft rods, draft timber, <Lxch bar's, center
pins, _puttint; cars on center, truss rods and wheels,
and worn of similar character.''
The Organization has not shown that the installation of space heaters
falls within this rule. This Board therefore must deny the claim.
A h' A R D
Claim denied.
NATIONAL RAILROAD ADOUSTNIr;~IT BCAFD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
.rw!~"
~ICS~:It1~.Y'?(: ~Y'aSCt1R-
By 111,r4
-r
f-11
ti:'vp:i_'t7:
s,~it;a:u7'iC
1:551s" aY'u
bated Ct Ch:icaE;o, Illinois, this 31st day of July, 197.