Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 978.2
SECOND DIVISION Docket No. 9312-T
. 2-BN-CM-184
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(The Brotherhood Railway Carmen of the
( of the United States and Canada
Parties to Dispute: ( A.F.L.-C. I. O.
Dispute: Claim of Dnployes:
(Burlington Northern, Inc.
1. That the Burlington Northern, Inc. violated Rule 30 of our Current Agreement
when they assigned other than carmen to couple air hoses, administer mechanical
inspection and test air brakes on interchange trains made up at their Rice's Point
Yard in Duluth and delivered to the D.M. & I .R. Railroad at Endion Station.
2. That accordingly, the Burlington Northern, Inc. compensate Superior
Cayman Jack Feran, Gerald FZatt and Ben Ostroviak in the amount of four (4) hours
at the straight time rate for the following dates:
December 13, 17, 18, 19, 21, 26, 27, 28, 31, 1979 and January 2, 6, 7, 8, 9, 10,
11, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 28, 29, 30 and 31, 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, 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.
The Organization in the instant case contends that Carrier allows Switchmen
to do the work of Carmen at the Rice Point Yard in Duluth when cars are being
delivered to the D.M.&I.R. at FJndion Station. Carrier does not deny that it
allowed the yard crew to couple air hoses and make air brake tests as needed.
Carrier contends, however, that the car movements involved here are yard
movements and not train depatures from a departure yard or terminal.
A review of the record before us persuades this Board that the movements in
question were yard movements and that, as such, we look to Second Division Award
6671 (Referee Lieberman) for guidance. We denied that claim. Our reasoning in
that claim, as well as in numerous other claims cited therein, is applicable in
this case.
Form 1 Award No. 9782
Page 2 Docket No. 9312-T _W
2-BN-CM-184
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: , ~ ~e~
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 15th day of February, 1984
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