Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9147
SECOND DIVISION Docket No.
9361
2-DM&IR-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
~ Duluth, Missabe & Iron Range Railway Company
Dispute: Claim of Employes:
1. That the Duluth, Missabe and Iron Range Railway Company violated the
controlling Agreement, particularly Rule 2g(a) and Rule
57
when they
improperly assigned other than the carmen's craft to adjust a shifted
load of pulpwood on the repair track at Proctor, Minnesota, on
September 10, 1980,
2. That accordingly, the Duluth, Missabe and Iron Range Railway Company be
ordered to compensate Carman J. T. Hannan four
(4)
hours at the pro
rate rate for September 10, 1980.
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 September 10, 1980, the Car Foreman at the Carrier's Proctor repair
track used a chain saw to cut the ends of logs which had shifted in Gondola No.
394+· The Organization charges the Carrier with violating Rules 29(a) and
57
of
the applicable agreement for allowing a supervisor to perform work consisting
of the adjustment of shifted loads on the repair track. Claimant, a carman at
Proctor, seeks four hours of pay at the straight time rate.
We recently considered a similar dispute between these same parties in
Second Division Award No. 9142h The decision in that claim disposes of
the Organization's allegation that the Carrier acted in violation of Rule
57.
However, this claim so far as it is premised on Rule 29(a) of the scheduled
agreement is readily distinguishable from our previous decision. When the gondola
was on the repair track for the adjustment of the shifted load, the car Foreman
should have assigned a mechanic to perform the disputed work. This Division has
ruled in cases too numerous to list that a foreman may not perform work which
is beyond the scope of normal supervisory duties and functions. Thus, we will
sustain the claim as presented due to the violation of Rule 29(a).
Form I Award No. 9147
Page 2 Docket No.
9361
2-DM&IR-CM-'82
A W A R D
Claim sustained.
NATIIJNAZ RAII7t0AD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
117
By _ _..r~
Ro rie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of June, 1982.