Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11021
SECOND DIVISION Docket No. 10577-T
2-MP-CM-'86
The Second Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Rules 25(a)
and 102 of the controlling Agreement and Article V(a) and (d) of Agreement of
September 25, 1964, as amended December 4, 1975 when train crew inspected
brakes and coupled air hose on outbound train CSP15 in St. Louis Terminal and
Train CSP14 departed St. Louis Terminal January 15, 1983.
2. That the Missouri Pacific Railroad Company be ordered to compensate Carman E. S. Bronson in the amount of one (1) hour at the pro rata rate.
Also, work be restored to those employes of the Carmen's Craft.
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.
Claimant is employed at the Carrier's St. Louis Terminal. According
to the Organization, on January 15, 1983, Carrier's Train CSP 15 departed the
Lesperance Street Yard, St. Louis Terminal at 5:00 P.M. and was taken to the
Piggyback Ramp, St. Louis Terminal (apparently located at Vandeventer Avenue)
by the train crew where six Piggyback cars were added to said train. Prior to
leaving the Lesperance Street Yard, the train was inspected by Carmen on duty.
At the Piggyback Ramp, the train crew coupled air hoses, inspected and tested
air brakes on those cars. Carmen are employed at the St. Louis Terminal on a
twenty-four hour per day, seven day per week basis. Claimant was on duty in
the Lesperance Street Yard on the date of the incident but was not transported.
to the Piggyback Ramp in order to perform the work.
Form 1 Award No. 11021
Page 2 Docket No. 10577-T
2-MP-CM-'86
The Organization asserts that Rules 25(a) and 102 of the Controlling
Agreement and Article V(a) and (d) of the Agreement of September 25, 1964 as
amended December 4, 1975 were violated when the Carrier permitted the train
crew to perform the aforementioned coupling, inspecting and testing. According to the Organization, the work of inspecting and testing air brakes and the
related coupling of air hose incidental to such inspection in the Carrier's
departure yard are specifically reserved to Carmen where Carmen are employed
and on duty in the departure yard from which the train departs. Further,
according to the Organization, the Piggyback Ramp involved herein is part of
the St. Louis Terminal. Here, since Carmen were on duty in the St. Louis
Terminal Yard, the Organization asserts that the violation has been shown. In
making its arguments, the Organization has referred to definitions contained
in the Power Brake Law.
The Carrier asserts that the Piggyback Ramp in question is not a
"yard" within the St. Louis Terminal, much less a "departure yard;" and
further, it is not a point where Carmen are employed. Therefore, no Rule or
contract violation has been shown. According to the Carrier, the Piggyback
Ramp in question and the related Ramp tracks are used for the loading and
unloading of Piggyback trailers on flat cars, and are in reality no different
than tracks located in or adjacent to an industry where loading and unloading
takes place. Therefore the Piggyback Ramp cannot be considered a "departure
yard." The Carrier further argues that the "departure yard" in this case was
the Lesperance Street Yard, which was the yard where the train was initially
made up, inspected, and from which the train departed. The Carrier submits
that Carmen have point seniority and their Agreement contains no geographical
barriers such as those which exist between the Switchmen and the Brakemen, no
exclusivity to work within defined territorial boundaries, nor any other craft
distinction which would make the term "terminal limits" relevant to the
Carmen. With respect to the Power Brake Law, the Carrier asserts that this
Board is not empowered to rule on matters concerning compliance with that Law,
but is confined to the terms of the Collective Bargaining Agreement. In any
event, according to the Carrier, a review of the facts in this record shows
that the Power Brake Law was not violated. According to the Carrier, an
examination of the facts in this case shows that the original initial air
brake test was performed by Carmen at the Lesperance Street Yard and all that
was necessary when the pickup was made was an intermediate terminal air brake
test, and Carmen do not have exclusive rights to the performance of such an
air test.
Upon an examination of the facts and arguments presented in this
case, and recognizing that our decision is limited solely to the facts herein
concerning the Piggyback Ramp in question, we find that the Claim must be
denied. In Second Division Award No. 8767, the necessary showing for these
types of cases was discussed:
"The Board accepts the reasoning of Award No.
5368 (Ritter) and Award No. 8140 (Scearce) in
specifying the criteria which must be met for a
violation to be found when other than Carmen are
employed in the referenced work:
law
Form 1 Award No. 11021
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2-MP-CM-'86
1. Carmen in the employment of the Carrier
are on duty.
2. The train tested, inspected or coupled is
in a departure yard or terminal.
3. That the train involved departs the departure
yard or terminal."
We cannot say that the Organization has made the appropriate showing
to warrant a sustaining award in this case. There is no apparent dispute to
the fact that no Carmen were on duty at the Piggyback Ramp in question when
the alleged violation arose. The Organization has not shown otherwise. Even
assuming that the Piggyback Ramp was a separate "yard" within the St. Louis
Terminal (a finding that we need not make), since no Carmen were on duty at
that alleged yard, the first requirement that the Carmen be on duty has not
been met. See Second Division Awards Nos. 10518, 10515. In such situations,
coupling and uncoupling of air hoses and the making of air brake tests is not
work exclusively reserved to Carmen. Second Division Award No. 10252. Therefore, the required burden placed upon the Organization to prove the asserted
violation by probative and substantial evidence has not been met. See Second
Division Award No. 6369.
In light of the above, we find it unnecessary to address the other
arguments made by the parties.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _ _
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 8th day of October 1986.