Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10961
SECOND DIVISION Docket No. 10793-T
2-B&O-CM-'86
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(The Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
1. That the Baltimore and Ohio Railroad Company violated the controlling agreement, specifically Rule 144 1/2, and historical past practice on
the property, when on the date of February 23, 1983, Carrier allowed train
crews to perform carmens work, Initial terminal air brake test, coupling air
hoses, and inspection, while, in fact, carmen were employed and on duty at
Haselton Yard, Youngstown, Ohio, such action on the part of carrier, deliberately depriving Claimant, a member of the carmen Craft, Carman, E. Frank,
Youngstown, Ohio, of work which he was contractually entitled to perform.
2. That accordingly, carrier be ordered to compensate Claimant,
Carman, E. Frank, for all losses arising out of the above referred to
violation of the agreement, claiming four (4) hours pay for claimant Frank, at
the time and one-half rate of pay.
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.
This Board finds the reasoning and findings set forth in Award No.
10959 are applicable to the facts of this dispute. For these reasons, we find
the Organization has not met its burden of proof and has not established that
Rule 144 1/2 is applicable under the circumstances of this case.
Form 1 Award No. 10961
Page 2 Docket No. 10793-T
2-B&O-CM-'86
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 27th day of August 1986.