Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9814
SECOND DIVISION Docket No. 9479-T
2-L&N-CM-'84
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That the Louisville and Nashville Railroad Company improperly repaired
L&N 43309 and L&N 43434 when they allowed the repair work to be per
formed by Maintenance of Way Dnployees, Foreman Mems and two other
M of W Emplo gees on October 31, November 5, 7, 8, and 9, 1979, at
Creole, Mississippi.
2. Accordingly, that three Carmen on the Mobile, Alabama Repair Track
Miscellaneous Overtime Board be compensated eight (8) hours each for
each of the five dates listed (October 31, November 5, 7, 8, and 9,
1979) and that they be allowed the compensation from the following
list of Carmen from the Sibert Shop Miscellaneous Overtime Board:
1. J. M. Morris #340320 8. D. E. Wolfe #340343
2. A. R. Gregg #340362 9. J. L. Davis #340404
3. H. McCants #342124 10. D. W. Pruitt #340405
4. R. E. Phelps #340409 11. J. C. Crook #340435
5. C. A. Vickey #340392 12. C. R. Norwood #340347
6. J. E. Holland #340450 13. M. A. Maherg #340347
7. C. N. Faulkenberry #340424 14. W. E. Blanchard #340333
Findings:
The Second Division o f the Adjustment Board, upon the whole record and a1.1
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.
Form 1 Award No. 9814
Page 2 Docket No. 9479-T
82-L&N-CM-'84
During October and November, 1979, Maintenance of Way AFE Gang No. 9-53 was
working in the vicinity of Creole, Mississippi. Members of the gang are housed
in camp cars and travel over Carrier's line of road during their workweek. Two of
the camp cars assigned to the gang - L&N 43309 and L&N 43434, required minor
repairs. Consequently, Maintenance of Way employee assigned to the gang
performed these minor repairs which consisted of repairing the doors and windows
and painting the floors of the two camp cars.
The Employee insist that the aforementioned work belonged to Carmen by
virtue of Rule 30 (Assignment of Work); Rule 104 (Classification of Work); and
Rule 116 (Repairing Cars on Road). Consequently, the claimants are entitled to
be compensated for the time expended by Maintenance of Way employee performing
work contractually reserved to them.
In the light of the particular circumstances involved in this dispute, it is
the considered judgment of this Division that the work in question was not
reserved to Carmen on this property. It must be stressed that the work claimed
by the Carmen involved minor repairs to the windows and doors on camp cars, and
painting the floors of those cars. This work was performed on Carrier's line of
road some 35 rail miles from the Shops at Mobile, Alabama where the claimants
were assigned. Carmen were not available at Creole, Mississippi to perform this
work.
On this property, camp cars are not passenger or freight cars within the
meaning of Rule 104, Classification of Work. Consequently, the work in question
was not specifically reserved to Carmen although it clearly would have been had
it been performed at the Shops in Mobile, Alabama. Nor have Carmen exclusively
worked on camp cars away from the Shop on this property. Rather, Maintenance of
Way employee have performed minor repairs on these camp cars located on the line
of road for many years. In the light of this, there was obviously no system-wide
practice of assigning this work exclusively to Carmen.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy y -Ie,~ver
Executive Secretary
Dated at Chicago, Illinois, this 7th day March, 1984 moo