C:\AWARDS\OUT\2-08051.htm

Form 1 NATIONAL 3AILR0.4D ADJUSTMENT BOARD Award No, 8051
SECOND DIVISION Docket No, 7892
2-Btu-CM-' 79

The Second Division consisted of the regular members and in addition Referee Robert A. Franden when award was rendered,

( System :Federation No.

Railway Employes'

( Department, A. F. of Z. Parties to Dispute: ( (Ca=en)

(

( Burlington Northern Inc.

Claim of F~2fployes: - C, I. 0.

1) That the current agreement, particularly Rule 27 (a),

98 (c)

rind Carmen's Special Rules

and

90,

were violated when other than carmen were used by the Carrier to change wheels on a car at Prineville Juneticn, Oregon.

2) That accordingly, the Carrier be ordered to compensate Vancouver Carmen T. E. Dallasta, and F. C. Franco for eight

(8)

hours pay at straight title and six:

(6)

hours at the rate of time and one-half pay.

The Second Diva.sion 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 z~rit'hin the meaning of the Railway Labor Act as approved dune 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

On March 2, 1977, two working foremen were sent from there headquarters of Bend, Oregon to Prineville Junction to change the wheels on a box car. The Organization has progressed the instant claim based on its allegation that Carmen from the Portland 'Tancouver Terminal should have been called to perform the work under Rule 90,

nee 90. ROAD WORK When necessary to repair cars on the road or away from the shops, carmen, and helper when necessary, will be sent out to perform such work as putting in couplers, draft, rods, draft timbers, arch bars, center pins, putting cars on center, truss rods, wheels and other work of similar character."

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Form l Award No,8051 Page 2 Docket No. 7892 2-BNT-CM-' 79 It is also asserted that rule 83 was breached. "Rule 83, CLASSIFICATION OF WORK Carmen's work shall consist of building, maintaining, dismantling, (fox repairs), painting, upholstering and inspecting all passenger and freight cars both wood and steel; planing mill, cabinet and bench carpenter Z-~Tork, pattern and flask making and all other carpenter work in shops and yards, except work generally recognized as Bide and Building Depart~nent work; carmen's work in building and ,repairing motor cars., lever cans, hand cars, and station trucks; building, repairing and .removing and applying locomotive cabs, pilots, pilot beaans, running g boards, foot and headlight boards, tender frames and trucks; pipe and inspection vTork in connection s~rith air brake equipment on freight cans; app7~~ing patented metal roofing; operating power saws; operating ysunches and shears; doing shaping and forming; work done with portaz)le forges and heating torches; straightening sheets; pressed steel, cast steel txuch frames and structural steel parts of cars, either cold or requiring heating in connection with ca_rxnen` s work; pa:intin, varnishing, surfacing, decorating, 1 etterirz, cutting of stencils and rerotring paint (not including use of sand blast machine or removing vats); all other work generally recognized as painters' work under the supervision of the locomotive and car departments, except the application of blacking to fire and smoke boxes of locomotives in snaps and engine houses; writing up repairs; oxyacetylene, thermit and electric welding on work generally ,recognized as taxmen's work as provided fox in Rulle 36; and all other work generally recognized as carmen's work," The Carrier takes the position that paragraph (a) of Rule 27 governs in this case, None but mechanics or apprentices regularly employed as such shall do mechanics' work as per the special rules of each craft except foremen at points where no mechanics are employed. However, craft work ;pexfox^~.red by foremen ox other supervisory employees employed on a shift shall not in the aggregate exceed 20 hours a week for one shift, 40 hours a week for two shifts, or 60 hours for all shifts." The question of what constitutes a "point" has previously been decided by the Board in conflicting Awards. We hold that the better view is that a point is a specific geographical location where a foreman is employed and not over the lire .of road. In the instant case no foreman was employed at Prineville Junction. Form 1 Award No, 8051 Page 3 Docket No, 7892 2-BNI-CM-' 79 In this case, however, the Carrier has asserted that a past practice existed on the Oregon Trunk line of the former Seattle, Portland and Spokane Railway which was merged into the Burlington Northern, which past practice supports the Carrier's assignment of the foremen to perform the work. We have conflicting awards on this property as to the question of the past practice herein alleged. In the instant case the past practice has been consistently denied by the organization. We do not find in the record sufficient evidence of :past practice to support the Carrier's contention. Carmen should have been called to perform the work. in question. We will sustain the claim at the ;straight time rate. A W A R D Claim sustained in accordzLnce with these Findings. NATTOl`TAZ RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Fxecutive Secretary National Railroad Adjustment Board By ) Z w .2- ~/~ _--Rosemarie Brasch - Administrative Assistant f Dated ate Chicago, Illinois, this 15th day of August, 1979.