Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11354
SECOND DIVISION Docket No. 11184-T
2-BRCofC-CM-'87
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:
(The Belt: Railway Company of Chicago
Dispute: Claim of Employes:
1. That the Belt Railway Company of Chicago violated the terms and
conditions of the current working Agreement, specifically Rules 10, 18, 19 and
91 when they allowed Assistant: Car Foreman Hans Walters to perform carmen
checkers' work on January 24, 1985 at approximately 5:25 a.m. at No. 1 lead
pocket West Hump Approach.
2. That the Belt Railway Company of Chicago be ordered to compensate
Carman Checker Joe Romanowski eight (8) hours' pay at the time and one-half
rate of pay account of the referred to violations of Agreement rules on
January 24, 1985.
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.
As third party in interest, the American Railway and Airway Supervisors Association was advised of the pendency of this case, and chose not to
file a Submission with the Division.
On January 24, 1985, at approximately 5:25 a.m., a derailment occurred on the Carrier's #1 West ,approach Track. An Assistant Car Foreman was
sent to the scene of the derailment to record the hours worked by an outside
contractor and to prepare a rough damage estimate of the five cars involved in
the derailment.
The Organization contends that the Assistant Car Foreman performed
Carman Checker's work on the date in question. To the organization, this is
Form 1 Award No. 11354
Page 2 Docket No. 11184-T
2-BRCofC-CM-'87
work exclusively reserved for Carmen on the Carrier's property, and therefore
Carrier is alleged to be in violation of Rules 10, 18 and 91 of the parties'
working Agreement. While acknowledging that there have been other occasions
when a Car Foreman performed work considered to be within the Carmen's craft,
the organization asserts that these previous incidents cannot modify or amend
the unambiguous language of Rule 91 which specifically states that inspecting
freight cars is Carmen's work. In further support of its position, the organization proffered a series of job bulletins dating from 1957 to 1985 which
purport to substantiate its position that carmen checkers perform inspection
work upon cars. For these reasons, the Organization requests that the Claim
be sustained in its entirety.
Carrier argues that the Organization's contentions are without merit
and are based upon a failure to recognize the fact that the work performed by
the Assistant Car Foreman was a managerial prerogative which was separate and
apart from any work reserved to the carman checker position. Carrier further
maintains that Car Foremen have historically performed on-site estimates in
order to expeditiously apprise car owners of the approximate damages involved
and to promptly inform shippers and consignees of the length of time delays
are likely to occur.
After careful review of the record in its entirety, the Board concludes that the Organization failed to prove that the inspection of damaged
cars involved in this case is exclusively a carman checker function. The
Board notes that the evidence with respect to past practice is presented on
the record as to the precise work and work assignments involved in this case
does not support the Organization's claim. The job bulletins proffered by the
Claimants merely established that Carmen's work has been confined to repair
tracks; from the record it appears that all inspection of damaged cars is not,
and never has been, exclusively a carman checker function. In the absence of
an express assignment of work by a specific rule or provision of an Agreement,
and the Organization having failed to establish that the work at issue belongs
to or has been performed exclusively by carman checkers in the past, we fail
to find violation of any Agreement rule. Accordingly, the Board rules to deny
the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
a~(er - Executive Secretary
Dated at Chicago, Illinois this 30th day of September 1987.