Form 1 NATIONAL:, RAILROAD ALITUSTMENT BOARD Award No. 11098
SECOND DIVISION Docket No. 11176-T
2-C&NW-CM-'86
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin 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. Carman T. Lynch, W_ Skradski, L. McRae, W. Anderson and J. Bruzas
were deprived of work and wages to which entitled when the Chicago and North
Western Transportation Company violated the controlling agreement when it improperly assigned laborers to perform cannen's work of washing caboose exteriors on July 26, 27, 28, 29 and 31, 1984 and August 1, 2, 3 and 14, 1984.
2. The Chicago and North Western Transportation Company be ordered
to compensate Carmen Claimants as follows:
T. Lynch July 26 and August 2, 1984
W. Skradski July 27 and August 3, 1984 -
4 violations
L. McRae July 28, 1984 - 2 violations
W. Anderson July 29, 1984
J. Bruzas July 31, August 1 and 14, 1984
Claim is made for five (5) hours pay at the pro rata rate for the above listed
dates.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or carrier: 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.
As third party in interest, the International Brotherhood of Firemen
and oilers has filed a Response to this Claim.
The Claimants claim that the Carrier improperly assigned Firemen &
Oilers laborers to wash the caboose exteriors at the Carrier's Escanaba train
yard during July and August of 1984.
Form 1 Award No. 11098
Page 2 Docket No. 11176-T
2-C&NW-CM-'86
The organization argued that Rules 14, 15, 30, 58 and 76 have been
violated. In addition, the organization states that the washing of caboose
exteriors has been historically performed by Carmen at the Carrier's Escanaba,
Michigan facility.
The Carrier argued the cleaning of cabooses is not exclusively reserved to the Carmen's craft. In addition, the Carmen's Agreement does not
specifically mention cabooses at all, while the Firemen & oilers Agreement
specifically mentions in Section 6, Class 2 ". . . Clean and supply cabs and/
or cabooses; . . . " The Carrier supplied Second Division Awards 7244 and
7245 to bolster their argument.
On ccenplete review of the evidence, the Board finds the petitioner
has not met its burden of proof in this matter. The Organization did not
prove that the cleaning of caboose exteriors is exclusively reserved to the
Cayman's craft either by Rule or by historical precedent. The Firemen & Oilers contract does provide for this work, whereas the Carmen's Agreement does
not. The cases before this Board have been relatively consistent. Where an
organization cannot show exclusivity by Rule, they must show that the work in
question has been historically and exclusively performed by the members of
their craft on a system wide basis. The organization was simply not able to
prove, by either test, their case. Therefore, the Claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. e r - Executive Sec etary
Dated at Chicago, Illinois, this 10th day of December 1986.