Form 1 Award No.
7661
Page 2 Docket No.
7455
2-CRI&r-CM-'78
Numerous awards have held that a Carrier is free to sell its property
and such a sale would not violate Classification of Work Rules. The basic
issue in such cases is whether the primary purpose of the agreement is a
sale or is it a contracting out of work covered by a Classification of
Work Rule. In this case, the agreement includes a firm price which tends
to show a sale. On the other hand, the term requiring the return of
reusable parts tends to show the Carrier was contracting out the work.
Given these terms in the agreement, the Carrier was receiving the same
benefits from the outside firm that it would have received from the
Claimants had they performed the work. The purpose of the agreement
therefore appears to be primarily a contracting out of work rather than a
sale of property. See Second Division Awards 6529 and 6800.
A W A R D
Claim sustained at pro rata rate.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By ~:~'~°'"a..·C...t.--~'~ .
o emarie ~r.sch - Administrative Assistant
Dated a Chicago, Illinois, this 15th day of August, 1978.
Parties to Dispute:
Dispute: Claim of Employes:
NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7662
SECOND DIVISION Docket No.
7+72
2-L&N-CM-'78
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
System Federation No.
91,
Railway Employes'
Department, A. F. of L.
(Carmen)
Louisville and Nashville Railroad Company
- C. I. 0.
1. That Carmen W. hi. Baxter and H. L. Money were dismissed from
service in violation of the current agreement on July
24,
1975,
and
Accordingly, the Louisville and Nashville Railroad should be
ordered to
(a) Restore them to service with seniority and all employee
rights unimpaired.
2.
Findings:
Compensate them for all time lost as a result of their
dismissal with interest at the rate of
6%
per annum on
all money due them, and
Pay premiums for their hospital, surgical, medical group
life insurance and supplemental sickness benefits for the
entire time they are withheld from service.
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.
The record evidences a filly developed and complete investigation and
hearing on the charge that the Claimawt.s were found improperly in possession
of interstate shipment of two televisions each. The record indicates that
both Claimants were afforded an opportunity to spear. in their own defense,
Form 1
page 2
Award No.7662
Docket No. 7472
2-L&N-CM-'78
but opted to do otherwise. Review of the facts brought out support the
Carrier's decision to dismiss the Claimants. The subsequent dismissal of
action against the Claimants in civil proceedings is not controlling here;
the rules of evidence and other juridical procedures do not apply to
arbitration proceedings. It is enough to say that the record substantiates
the appropriateness of the Carrier's actions.
A W A R D
Claims are denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTNEi1T BOARD
By Order of Second Division
By
A
semarie Brasch - Administrative Assistant
Dated [[at Chicago, Illinois, this 15th day of August,
1978.