Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11080
SECOND DIVISION Docket No. 10873
2-MP-CM-'86
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood Railway Car-men 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 102 and
25 (a) of the controlling agreement when they used truck drivers in the St.
Louis Terminal to perform Carmen's work in applying bridge plates to Cars TTX
252155 and TTX 255829 on April 28, 1983 at the piggy back ramp.
2. That the Missouri Pacific Railroad Company be ordered to compensate Carman V. E. Schroeder cne (1) hour pay at the pro-rata rate and use Carmen to do the Carmen's work at the piggy back ramp in the St. Louis Terminal.
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 merits of the instant case have been considered at length in
Second Division Award No. 11679. Only the dates and cars involved differ
while the issues, rules and parties to the dispute are identical. In that
case, as in this, the Organization has failed to present sufficient substantial evidence of probative value to estahlish that applying bridge plates
was exclusively Carman's work. under the Agreement Rules cited. Having found
that the issue has been previously considered and denied, the Board denies tile
Claim based on the doctrine of stare decisis (see Second Division Award 10634).
Form 1
Page 2
A W A R D
Claim denied.
4~4io;o'
::z 00e
Attest:
Nancy J g6er - Executive cretary
Dated at Chicago, Illinois this
Award No. 11080
Docket No. 10873
2-MP-CM-'86
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
3rd day of December 1986.
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