Forth 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11145
SECOND DIVISION Docket No. 10402--T
2-SOO-CM-187
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: (
(Soo Line Railroad Company
Dispute: Claim of Employes.:
1. That under the current agreement the Soo Line Railroad Company
violated Rules 7, Para. 4, 10 Para. 6(a), 27, 28, 94 and 105 Para. 2 of the
Shop Crafts Agreement, when on January 18, 1982, Assistant Car Foreman R.
Putnam, performed Carmen's work, when he proceeded to procure an empty
methanol can and filled it, he then transported it with the Soo Line repair
truck assigned to the inspectors to perform their work, to the west end (258)
and then carrier (sic) the full can to the reefer car S. P. 690155 on B-4 in
the transportation yard, where he met Car Inspector Langford to service the
aforementioned car, he then transported the can by truck back to location he
obtained it from.
2. That accordingly, the Soo Line Railroad Company be ordered to
compensate Carman R. Reing for call time of 2 2/3 hours at time and one half,
for loss of compensated pay on January 18, 1982, when the Soo Line Railroad
Ccmpany failed to call Carman Reing, who was next to be called from the
overtime block, to be used, when extra carnen's work is needed to be performed.
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.
On January 18, 1982, two Carmen assigned to work the midnight shift
called in sick. The two positions were blanked. Subsequently, at approximately 4:45 A.M., the organization claims Assistant Car Foreman R. Putnam
obtained a full can of methanol and transported the methanol by truck to
Form 1 Award No. 11145
Page 2 Docket No. 10402-T
2-S00-CM-'87
Reefer Car S.P. 690155 where Cayman Langford serviced the heaters. Citing a
number of Rules, the organization contends the Carrier should have called the
Claimant, Cayman R. D. Reing, who was first out of the overtime block instead
of having Assistant Car Forman PutnaQn transport methanol or any other material to perform Carmen's work.
The Carrier argues the transporting of materials to and from the
Transportation Yard is not work exclusively reserved to Carmen and that past
practice indicates such work has been previously performed by Supervisors. In
supporting this latter contention, the Carrier acknowledged the Classification
of hbrk Rule refers to work "...generally recognized as carmen's work" and
asserts that the historical application of such language requires a craft to
establish a controlling past practice which shows the disputed work has been
reserved to the craft by systemwide practice.
We note the Carrier, in addressing this subject, cited a letter dated
August 10, 1982, and addressed to A. W. Durtsche, the Carrier's Director of
Labor Relations, by the Organization's General Chairman states in pertinent
part:
"This is to advise, that these claims are not
being withdrawn, without prejudice as to any
other claim, that may be similar and arise in the
future, due to that there is not language in the
past work rules pertaining to hauling material.
In the future, time claims will be filed on this
same issue, if Foreman and Supervisor, continue
to haul material, due to the fact that this would
be in violation of Paragraph (h) of the new
classification of work rules effective June 15,
1982."
That language is apparently quoted in the Organization's Submission
and seemingly addresses the question raised by this Claim. Notwithstanding,
the dispute herein arose prior to the adoption of Rule 94(h) and cannot be
dispositive of this issue. Based upon the above quoted admission by the
organization, we will deny the Claim.
Form 1 Award No. 11145
Page 3 Docket No. 10402--T
2-S00-CM-'87
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
Nan ver - Executive Secretary
Dated at Chicago, Illinois, this 11th day of February 1987.