Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11373
SECOND DIVISION Docket No. 10459-T
2-CMStP&P-CM-'87
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:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company violated the provisions of the current Agreement, dated September 1,
1949, as amended, precisely Rules 32(a), and 85 when they assigned other than
Carmen (Carpenters) to the work of replacing door locks on Milwaukee Locomotive No. 2064 on October 19, 1982.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company be ordered to compensate Locomotive Carman (Carpenter) M. Reinke, in the
amount of three (3) hours and twenty (20) minutes pay, at the rate of time and
one-half, under the minimum call Rule, for the date of October 19, 1982."
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 Sheet Metal Workers' International
Association was advised of the pendancy of this case, but chose not to file a
Submission with the Division.
On October 19, 1982, the Carrier assigned a member of the Sheet Metal
Workers' Craft to change the rear door latch of a locomotive under repair at
its Milwaukee, Wisconsin, Diesel House. The Carmen's organization filed a
Claim contending that a member of its Craft should have been assigned this
task.
To prevail in this Claim, the Organization must prove that the work
of replacing locomotive locks is exclusively reserved to its craft by agreement and practice. The evidence in this record falls far short of this requirement. Accordingly, under well defined authority, the Claim will be
denied.
Form 1 Award No. 11373
Page 2 Docket No. 10459-T
2-CMStP&P-CM-'87
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J Wr - Executive Secretary
Dated at Chicago, Illinois, this 4th day of November 1987.
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