Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 991:'
SECOND DIVISION Locket No. 9049
2-C&NW-CM-'84
The Second Division consisted of the regular members and in
addition Referee Gilbert H. Vernon when award was rendered.
(Brotherhood Railway Carmen of the United States and
( Canada, AFL-CIO
Parties to Dispute:
(The Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. That under the current agreement, Carrier improperly assigned other
than Carmen (Contractor J. C. Allen) to scrap and dismantle sixteen (16)
ore cars at Little Lake, Michigan.
2. That the Carrier reclaimed useable parts including wheels, brasses,
gears, couplers, tracksides, bolsters and all air brake equipment from the
following ore cars:
CNW LSI
11250 7256
122939 7800
122429 7768
112052 7702
122953 7808
112860 7844
112088 7010
118861 7634
3. That accordingly, the Chicago and North Western Transportation Company be
ordered to compensate the following named Carmen, as follows:
Larry McRae: Four (4) days @ ten hours per day at time
and one-half rate for August 7, 8, 9, 10,
1979.
A. Cavi11: Four (4) days @ ten (10) hours per day
at time and one-half rate of pay for
August 7, 8, 9, 10, 1979.
E. Derovin: Four days @ ten (10) hours per day at time
and one-half rate of pay for August 7, 8,
9, 10, 1979.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and ail
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.
v
Form 1 Award No. 9919
Page 2 Docket No. 9049
2-C&NW-CM-'84
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The circumstances, the manner in which the case developed on the property
between the parties and the issue are substantially identical in this case to the
record before the Board in Award 9918. The only material difference is the
location of the derailed cars.
In view of the virtually identical nature of the record, the Board will sustain
the claim to the extent of ordering the Carrier to compensate the Claimants
at the straight time rate of pay for the amount of time spent in dismantling cars
for the purpose of recovering and retaining reusable parts. The number of hours
involved can best be determined by the parties.
A W A R D
The Claim is sustained to the extent indicated in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
oe4
Nancy J. D er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of May 1984.