Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10712
SECOND DIVISION Docket No. 9873-T
2-BN-CM-186
The Second Division consisted of the regular members and in
addition Referee John J. Mikrut, Jr. 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 the provisions of the
current controlling agreement when they assigned other than carmen to perform
carmen's duties.
2. That accordingly, the Burlington Northern be ordered to compensate Cayman L. G. Stokes four (4) hours at the carman welder's pro rata rate.
3. That this violation not be repeated.
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.
The facts, circumstances, and arguments of the instant case (save
that the precipitating incident occurred at approximately 1:30 P.M. on March
4, 1981, when Laborer E. Hamp used his fork-lift to pick-up, transport and
position a coupler body into the "A" end of rail car SL-SF 104757) are identical to those which were presented to the Board in Second Division Award
No. 10711. Because of this, and because the Board can see no good or compelling reason which would warrant a deviation from the rationale which was
utilized in resolving the previously cited case or the ultimate disposition
therein. The instant case will be decided in a similar manner.
Form 1 Award
No.
10712
Page 2 Docket
No.
9873-T
2-BN-CM-'86
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~ancyy J.lpv~ - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of January 1986.