Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10494
SECOND DIVISION Docket No. 10247-T
2-C&NW-CM-'85
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. The Chicago and North Western Transportation Company violated the
controlling agreement when it unjustly deprived Carman Lloyd
Sorenson of his contractual rights when it allowed other than
Carmen to perform Carmen's work on December 18, 1981. The Company
also violated Article V of the August 21, 1954 Agreement when the
Manager Labor Relations, in his denial letter of April 21, 1982,
failed to give reasons for disallowing the claim.
2. That the Chicago and North Western Transportation Company be
ordered to compensate Carman Lloyd Sorenson for eight (8) hours pay
at the Carmen's overtime rate of pay for violation of December 18,
1981. This is a continuous claim.
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 were given due notice of hearing thereon.
This case involves the Carrier's assignment of work to a Mechanic-inCharge (MIC). The specific events leading to the claim before the Board came
about when the Carrier directed an MIC to leave his home point, Worthington,
Minnesota, and travel to Ashton, Iowa, to inspect a grain train.
The Organization contends that the Carrier's assignment of this work to
the MIC deprived the Claimant of work rightfully belonging to the Carmen's
Craft under the parties' Agreement. The Organization essentially argues that
there were a sufficient number of Carmen available to perform the work in
dispute and that the MIC is limited to working at the headquarters or home
point assigned.
Form 1 Award No. 10494
Page 2 Docket No. 10247-T
2-C&NW-CM-' 85
The organization also argues on procedural grounds, contending that the
Carrier's denial of the claim failed to provide specific reasons for the
disallowance, a violation of Section 1(a), Article V of the August 21, 1954
Agreement.
Turning first to the procedural aspect of this claim, while the Carrier's
denial letter does lack some degree of specificity as to the reasons for the
disallowance and thus strains the purpose of Article V previously cited, we
note that it did refer to two earlier letters from the Carrier to the Organization, which had set forth the position of the Carrier on the relevant
issues herein. Accordingly, we do not find a breach of the Agreement under
the facts of this claim.
With respect to the merits of the dispute, the Board has carefully
reviewed the numerous awards relied upon by the parties and the submissions
filed with this Board, including that of the International Association of
Machinists and Aerospace workers as a third party in interest. We find that
the essential facts and circumstances herein are not substantially at
variance with those addressed in Second Division Awards Nos. 9974 and 9976.
The key question there, as well as herein, is whether the MIC, generally
speaking, can be assigned to do mechanic's work away from his home point of
employment.
While the Carmen's contentions, as its claim was advanced and presented
to this Board, are certainly understood, we find on the record before us that
there is no basis for a finding not consistent with the decisions reached by
the Second Division in Awards Nos. 9974 and 9976.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: /,./,
Nancy J ver - Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1985.