Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 810
SECOND DIVISION Docket No. 8306-T
2-MP-CM-'80
The Second Division consisted of the regular members and in
addition Referee M. D. Lyden when award was rendered.
( Brotherhood Railway Carmen of the United
( States and Canada
Parties to Dispute:
( Missouri Pacific Railroad Company
Dispute: Claim of
Um
1. That the Missouri Pacific Railroad Company violated Article V of _the
Agreement of September 25,
1964,
as amended December
5, 1975,
when they
arbitrarily transferred the work of coupling air hose and inspecting
of thirty-two (32) freight cars in track Nos.
53
and
55,
January 21,
1978,
of the departure yard, Memphis, Tennessee, to other than those
of the Carman's Craft.
2. That, accordingly, the Missouri Pacific Railroad Company be ordered to
compensate Carman C. R. Brooks, who was working on adjacent track, in
and amount of one (1) hour at the pro rata rate for January 21,
1978.
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,
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.
Trains are regularly made up, inspected, and dispatched from the Carrier's
Memphis, Tennessee Yard.- Car Inspectors are regularly employed and assigned in
this Yard twenty-four (24) hours per day, seven (7) days per week, with assigned
duties of inspecting, coupling air hose, and testing brakes on trains made up
prior to their departure from the Memphis, Tennessee Yard.
The inspecting, coupling of air hose, and testing of air brakes on trains, as
required by the Carrier prior to its departure, was performed by train crew.
The Carrier erred when it instructed or permitted the train crew to inspect,
couple air hose, and make air brake test on train departing their Memphis,
Tennessee train yard, January 21,
1978.
Form 1
Page 2
Award No.
8W
Docket No. 8306-T
2-MP-CM-'80
Because Article V states:
"ARTICLE V OF THE
SEPTEMBER
25, 1964, AGREEMENT AS AMENDED BY
ARTICLE VI OF
MEDIATION
CASE A-9699 DATED
DECEMBER
4, 1975
ARTICLE V. - COUPLING, INSPECTION AND TESTING
(a) In yards or terminals where Carmen in the service of the
Carrier operating or servicing the train are employed and are
on duty in the departure yard, coach yard or passenger terminal
from which trains depart, such inspecting and testing of air
brakes and appurtenances on trains as is required by the Carrier
in the departure yard, coach yard, or passenger terminal, and
the related coupling of air; signal and steam hose incidental
to such inspection, shall be performed by the carmen."
.In this instant case, carmen are employed by the Carrier, were on duty in
the Memphis, Tennessee train yard, in which the train was made up, inspected,
air brakes tested, air hose coupled, and departed, and accordingly, they were
contractually entitled to perform the work. For the Carrier to assign this work
to bther then the Carman's Craft violated the quoted Agreements.
The Board finds:
1. Carmen in the employment of the Carrier are on duty.
2. The train tested, inspected or coupled is in a departure yard or
terminal.
3.
That the train involved departs the departure yard or terminal.
Therefore, based upon the testimony, documents and case as a whole, the
claim of the employees is sustained.
A W A R D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
semarie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 1st day of October, 1980.