Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 9483
SECOND DIVISION Docket No. 9163-T
2-MP-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:
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
That the Missouri Pacific Railroad Company violated Rule 117 of the
controlling Agreement by assigning other than those of the Carman's
Craft to inspect freight car draft gears at North Little Rock, Arkansas
starting August 1, 1979.
2. That the Missouri Pacific Railroad Company be ordered to compensate
Carmen C. E. Ragsdale and G. E. Yarberry for eight (8) hours each at
the punitive rate beginning August 1, 1979 and eight hours each for
every day until the violation is corrected as outlined in Rule 31(d)
of the controlling Agreement.
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, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
As stated in the claim, the work in dispute here is the inspecting of freight
car draft gears at~North Little Rock. This work is performed by Blacksmiths in
the Coupler Reclamation Shop, and in this claim the Organization asserts that
this work properly belongs to Carmen.
The Blacksmiths Organization was notified as a third party at interest and
filed a response with the Board.
While the work of repair of freight cars and inspection functions in
connection therewith is not disputed as being Carmen's work, the work here is on
equipment which is removed from cars and involves inspection only -- not repair
work. The Organization fails to show how this work belongs exclusively to
Carmen. The use of a press to make repairs in draft gears, cited by the Organization
is not involved in the inspection work in the shop at North Little Rock. As
argued by the Carrier in its submission, "... if Rule 117 (the Carmen classification
of work rule) can be said in any sense to reserve to carmen the right to inspect
freight cars, it cannot be said in any sense to reserve to carmen the right to
Form 1 Award No. 94.83
Page 2 Docket No.
9163-T
2-MP-cm-'83
inspect parts which are no longer associated with freight cars and which may
well never again be associated with a freight car." The Board concurs.
With this finding, the Board need not review the Carrier's argument that the
claim may not have been properly handled on the property owing to the alleged
failure of the Organization to reject the decision of the Shop Superintendent
in timely fashion.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
Natirnzal Railroad Adjustment Board
By
osemarie Brasch - Administrative Assistant
Dat d at Chicago, Illinois, this 11th day of May, 1983.