Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10823
SECOND DIVISION Docket No. 10275-T
2-BN-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:
(Burlington Northern Railroad
Dispute: Claim of Employes:
1. That the Burlington Northern Railway Company violated the terms
of our Current Agreement in particular Rules 83 and Article VI of December 4,
1975 Agreement.
2. That, accordingly, the Burlington Northern Railway Company be
ordered to compensate Brainerd, Minnesota Carman J. A. Anderson in the amount
of four (4) hours at the pro-rata rate for each day during the month of
February as listed in original claim and one (1) hours at the pro-rata rate
for February 11, 1982 or a total of 57 hours account of the Carrier using
other than carmen to perform the work of inspecting, and other related duties
in Brainerd Yards.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or Icarriers 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.
This is a claim for a number of four-hour calls during February 1982
on the contention that the Carrier did not assign Carmen to perform the work
of inspecting and other related duties on listed trains in the Brainerd Yard.
The Organization asserts a violation of Rule 83 of the current Agreement and
Article VI(e) of the December 4, 1975 Agreement.
Pursuant to Section 3, First (j) of the Railway Labor Act, as
amended, notice was given to the United Transportation Union as a possible
party of interest. However, it did not file a statement or intervene in this
matter.
Form 1 Award No. 10823
Page 2 Docket No. 10275-T
2-BN-CM-'86
The Carrier rejects the claim, essentially contending that Trainmen
working on the trains identified by the Organization performed an air test on
their own trains at Brainerd during a period when Carmen were not on duty. It
also asserts that the air tests were not made in a departure yard or terminal,
since the Brainerd Yard is an intermediate point where the trains set out
and/or pick up cars.
We note that the Carrier has asserted on the property that Brainerd
is an intermediate point where trains either set out or pick up cars and that,
in the instant case, when the train crew picked up cars at Brainerd, they made
an air test and then departed. The Organization, on the property, has not
refuted this assertion. In light of this, we conclude that Second Division
Awards 5462, 5485 and 6031 are particularly applicable to the facts and
circumstances of this claim and we have applied the principles of these Awards
to the facts of this case. On the basis of the record before us, we find that
what was essentially done was coupling and testing the air of hoses and brakes
by Trainmen. These activities were incidental to the handling or movement of
cars in their own trains and were not incidental to the mechanical inspection
and testing of air brakes. Accordingly, the claim must fail.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
Nancy J. J3 Executive Secretary
Dated at Chicago, Illinois, this 16th day of April 1986.
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