Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.9806
SECOND DIVISION Docket No. 9211
2-BN-CM-' 84
The Second Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That the Burlington Northern, Inc. violated Rule 27(a) and Rule 83 of
our Current Agreement when they assigned a supervisor to perform work
reserved to the Carman Craft.
2. That accordingly, the Burlington Northern, Inc. compensate St. Cloud
Carman Robert Malisheski in the amount of four (4) hours pay at the
straight time rate for February 28, 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 employes 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.
Claimant, Robert Malisheski, at the time this dispute arose, was employed
as a Carman Mechanic at St. Cloud, Minnesota. On February 28, 1980, one of the
supervisors at the St. Cloud Shop carried component parts to other mechanics to
expedite the repairing of cars. Specifically, the supervisor carried some
coupler shims to a point in the shop where a freight car in need of the shims was
being repaired.
The Organization claims that the work performed by the supervisor belongs
exclusively to carmen under the terms of Rules 27(a) and 83. It asks that
Claimant be paid four hours at the straight time rate for February 28, 1980.
Rule 27(a):
"(a) None but mechanics or apprentices regularly employed as such
shall do mechanics' work as per the special rules of each craft
except foremen at points where no mechanics are employed. ***"
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Form 1 Award No. 9806
Page 2 Docket No. 9211
2-BN-CM-'84
Rule 83 Classification of Work:
"Carmen's work shall consist of building, maintaining, dismantling
(for repairs), painting, upholstering and inspecting all passenger
and freight cars both wood and steel; *** and all other work
generally recognized as carmen's work."
The language of these rules cannot be viewed, in any way, as reserving the
work in question to Claimant or to members of the carmen craft. Therefore, the
Organization was unable to shoulder their burden.
A W A R D
Claim Denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy. fiver - Executive Secretary
Dated at Chicago, Illinois, this 7th day of March, 1984.