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Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9333
SECOND DIVISION Docket No. 888+
2-S PT-CM-'83
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That the Southern Pacific Transportation Company (Texas and Louisiana
Lines) violated the Agreement of April
6, 1970,
when they arbitrarily
assigned carmen's work of adjusting and securing pipe on flat cars
to Pat Baker Contracting Company on September
4, 1979
San Antonio,
Texas.
2. That accordingly, the Southern Pacific Transportation Company (Texas
and Louisiana Lines) be ordered to compensate Carmen L. Senchez,
P, A. Lothringer, R. Myers, D. E. Taylor, J. A. Pargman, A. Garcia
and R. Tovar in the amount of ten hours (10') each at punitive rate
for September
4, 1979,
as they were available to perform this carmen's
work.
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.
The Organization treats this as a claim for work of its members in "adjustment"
of loads of pipe on a number of flat cars. The flat cars had been set aside in
a yard because of possible problems in derailment.
The record shows, however, that -- as a result of the problem -- portions
of the loads were transferred from the cars to other cars. An outside contractor
was employed for part of this work, by agreement between the shipper and the
Carrier.
The Board need not examine here the rights -- exclusive or otherwise -- of
the Claimants to "adjustment of loads", as covered by various rules and agreements
and reviewed in a number of awards. In this instance, loads were partially
transferred from the cars by agreement with and direction of the shipper. The
Organization claims violation of the Agreement of April
6, 1970,
but this is
Form 1 Award No. 9333
Page 2. Docket No.
888+
2-SPT-CM-183
concerned solely with "overtime boards" and its only pertinent portion, in
Section (2), reads as follows:
"(2) Employees on the overtime board will be designated as
Truck Drivers and Non Truck Drivers. Those designated as
Truck Drivers will be subject to qualification by the
Master Car Repairer. Wrecker crew members and extra
wrecker crew members
wild
be assigned to the overtime
board and will be used for wrecker service, derailments
and emergencies arising over delays to trains regardless
of position on the overtime board. Record of overtime
accruing in such service will be accredited to such
employees and distributed as equally as possible and among
wrecker crew and extra wrecker crew meters. Other
employees on the overtime board will be used for overtime
road work involving application of wheels, couplers,
adjustment of load and work of similar character including
work involving lifting of cars."
The Organization does not show evidence of its jurisdiction aver transferring;
of loads of shipper's goods from one car to another, which work can readily be
distinguished from "adjustment of load".
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By,
/1 _.~.,..
o rie Brasch - Administrative Assistant
Dated at Chicago, Illim is, this 5th day of January, 1983.