Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10822
SECOND DIVISION Docket No. 10264-T
2-C&NW-CM-'86
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
Agreement of September 25, 1964 and Rules 15, 16, 17, 21, 28, 29, 53 and 124
of the controlling agreement on November 9, 1981, when it abolished Job 019
(Write-Up Man) and assigned a Foreman to perform Carmen's work, at Itasca,
Wisconsin.
2. That the Chicago and North Western Transportation Company be
ordered to compensate Carmen Bill Tribbey, Lawrence Noonan, Bernard W. Sislo,
Howard Gronquist and L. R. Smith at eight hours for each day at the applicable
time and one-half rate to be divided equally among the five Carmen Claimants
dating from November 12, 1981. This is a continuing 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 waived right of appearance at hearing thereon.
The Organization claims the Carrier violated a number of its Rules
when it abolished. bulletined Job Number 019 and assigned the billing write-up
portion of that job to a Car Foreman and an Assistant Car Foreman.
The Carrier asserts that the work at issue is not exclusively
reserved to Carmen, contending that it has been performed by Foremen at other
locations.
Form 1 Award No. 10822
Page 2 Docket No. 10264-T ,
2-C&NW-CM-'86
We conclude that Rule 124 is controlling here. While extensive
arguments have been advanced by both parties, we give particular weight to the
fact that the work in question on this property had been assigned by bulletin
to Carmen. We are not persuaded by the record before us that it has been done
by Foremen. Accordingly, we sustain Part 1 of the Claim.
We agree with Carrier, however, that the Claim, under the particular
circumstances here, is excessive. Accordingly, Part 2 of the Claim is changed
to 1 1/2 hours at the pro rata rate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 16th day of April 1986.
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