Form 1 NATIONAL RA ILROAD AIXI IISTMENT BOARD Award No.
8978
SRCOND D1117-STC~N
Docket No.
8'r6
C' -C&NW-CM-' f i?
The Second Division consisted of
the
regular members and in
addition Referee Martin F. Scheinman when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Carrier violated Rules
15, 16, 21, 28,
and
29
of the controlling
agreement when it failed to bulletin Carman Write-up jobs at Mason
City, Iowa Repair and Up-Grading Tracks.
2. That the Chicago and North Western Transportation Company be ordered
to bulletin Carman Write-up jobs at Mason City, Iowa Repair and UpGrading Tracks in accordance with the provisions of the controlling
agreement.
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.
The Organization claims that Carrier violated Rules
15, 16, 21, 28
and 29
of
the
Agreement when it failed to bulletin Carman write-up jobs at Mason
City,
Iowa. It seeks a determination that Carrier be ordered to bulletin the jobs.
The
record evidence indicates that the positions in question had been fi11e
for ~:ighteen (18) months without objection. To seek to have the positions
bulletined at this point serves no purpose as it is clear that the jobs had been
awarded by bulletin to Carmen. Carmen now fill the jobs. No new vacancy exists.
No j)b has been created. There is also nothing in the record which proves that
work has been added.
Moreover, a review of the Rules cited by the Organization does not support
the instant claim. Nothing presented establishes a violation of the Agreement.
See Second Division Award
no. 8645.
For all the foregoing, we will deny the claim in its entirety.
By
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
8978
Docket No.
8726
2 -C&NW -CM- 182
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
:marie Brasch - Administrative Assistant
Dated
4t
Chicago, Illinois, this 10th day of March,
1982.