Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9131
SECOND DIVISION Docket No. 8921-T
2-SPT-CM-'82
The Second Division consisted of the regular members and 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:
1. That the Southern Pacific Transportation Company (Texas and Louisiana
Lines) violated the controlling agreement, particularly Rules 117 and
29, when a boilermaker was assigned to perform carmen's work to cut foot
board brackets on SP Engine
66+5,
on February
8,
1979.
2. That accordingly, the Southern Pacific Transportation Company (Texas
and Louisiana Lines) be ordered to compensate Carman G. N. Gonzalez
in the amount of two hours forty minutes (2'x+0") as he was available
to perform this carmen's work on February
8,
1979·
Findings
The Second Division of the Adjustment Board, upon the whole record and all
the dispute, 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.
On February
8,
1979, at the Houston Running Maintenance Plant, a Boilermaker
was assigned to cutting footboard brackets that had been removed by Boilermakers
from Locomotive SP
66+5.
Petitioner filed for two hours and forty minutes of
compensation for a Carman, G. N. Gonzalez. Petitioner alleges that the work
performed by the Boilermaker should have been assigned to and performed by a
Carman.
Both the Boilermaker's Organization and Carrier refute this allegation and
argue that this claim should be denied or dismissed. A careful review of the
record of this case reveals that neither the Carmen or the Boilermakers have
proved exclusivity in regard to the work involved in this dispute and,
consequently, Carrier is not obligated to pay a claim in this instance.
Form I
Page 2
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
Award No. 9131
Docket No. 8921-T
2-SPT-CM-'82
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
fmarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of June, 1982.