Form 1
NATIONAL RAILROAD ADJUSTMENT
LD
SECOND DIVISION
The Second Division consisted of the regular members end.in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
~ Southern Pacific Transportation Company
Dispute: Claim of Employes:
2,
Findings:
Award No. 9130
Docket No. 8920-T
2-SPT-CM-'82
That the Southern Pacific Transportation Company (Texas and Louisiana
Lines) violated the controlling agreement, particularly Rules 117 and
29, -,ken two boilermakers were assigned to perform carmen's work to
remove bolts, tap holes on cut lever brackets on SP Engine 2556 on
February 2,
1979·
That accordingly, the
Southern Pacific
Transportation Company (Texas
and Louisiana Lines) be ordered to compensate Carmen L. R. Moreno and
G. N. Gonzalez in the amount of two hours forty minutes (2'x+0") as they
.weTs~available to perform this carmen's work on February 2, 1979.
The Second Division of the Adjustment Board, upon the whole record and ell
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 facts of this case are on all fours with those in Award 9131. This
Board issued a denial award in that case based on the concept that neither
Organization proved that it had exclusive right to the work involved. That same:
reasoning applies here and the resultant decision is the same.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTrENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustmept Board
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of June, 1982.