C:\AWARDS\OUT\2-09146.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9146
SECOND DIVISION Docket No. 9355-T
2-MP-CM-'82
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ~ and Canada

( Missouri Pacific Railroad Company

Dispute: Claim of Employes:

1. That the Missouri Pacific Railroad Company, January

g, 1930,

violated

Rule 117 of the controlling Agreement when other than those of the

Carmen's Craft were used to repair freight car LOVX 7235,.while this

car was within the yard limit and seniority area of the Carmen in

Kansas City, Missouri.

2. That the Missouri Pacific Railroad Company be ordered to compensate

Cayman G. J. Schaetz in the amount of two (2) and seven-tenths

(.7)

hours at the pro rata rate for this violation.

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, 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 January g, 1980, the Carrier instructed Cayman Malaponti to proceed from the Maintenance of Equipment Department to Park Avenue to replace a knuckle and pin a switch crew had reported missing from car LOVX 7235. When he arrived at Park Avenue, Carman Malaponti discovered that two switchmen had already replaced the knuckle and pin. The Carrier did not direct the switchmen to perform the work. Claimant is another carman stationed at the Carrier's Kansas City Maintenance of Equipment facility.

Claimant seeks two and seven tenths hours of pay at the straight time rate based on the Carrier's alleged misassignment of work. According to the Organization, work consisting of the replacement of knuckles and pins is exclusively reserved to the Carmen's craft pursuant to Rule 117. On the other hand, the Carrier maintains that Carmen do not have exclusive rights to perform the disputed work either by the express terms of Rule 117 or by historical practice. Also, the Carrier argues there was, in reality, no improper assignment of work since the Carrier directed a carman to go to Park Avenue and perform the work.
Form 1 Award No. 9146 Page 2 Docket No. 9355-T
2-MP-CM-'82

In this case, we need not address the applicability of Rule 117 because the Carrier did instruct a carman to replace the knuckle and pin. The Cayman who was so instructed was paid for his round trip travel time between the Maintenance of Equipment Shop and Park Avenue. From the record, it appears the switching crew unilaterally decided to perform the work before the Cayman's arrival merely to expedite the movement of car LOVX 7235· Thus, we find insufficient evidence that the Carrier misassigned the disputed work.

A W A R D

Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Acting Executive Secretary National Railroad Adjustment Board l By ~~- s arie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 16th day of June, 1982