Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11401
SECOND DIVISION Docket No. 11034
88-2-85--2-163
The Second Division consisted of the regular members-and in
addition Referee George S. Roukis when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Missouri Pacific Railroad Company
Dispute: Claim of Employee:
1. That the Missouri Pacific Railroad Company violated Rules 24, 25
and 102 of the Controlling Agreement when they used Carmen from Fort Worth,
Texas, to inspect and repair freight car UPFE 458269 at Durant, Oklahoma,
February 8, 1984.
2. That the Missouri Pacific Railroad Company be ordered to compensate Carmen F. G. Goins and L. W. Branan in the amount of eleven (11) hours
each at the punitive rate.
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 employee involved in this
dispute are respectively carrier and employee 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.
In Second Division Award 11399, the Board held that Carrier did not
violate Rules 24, 25 and 102 of the controlling Agreement, when Carmen froze
Fort Worth, Texas were used on February 23, 1984, to inspect and repair
freight car UP15236 at Durant, Oklahoma.
The Board also concludes that the December 16, 1970, Coordinative
Agreement was not violated under these specific circumstances. In fact, on
this last point, the Board concluded that the September 16, 1981, Agreement
superseded the 1970 Agreement when all Carmen under the former Texas and
Pacific labor contract were brought under the Missouri Pacific Railroad Agreement.
Form 1 Award No. 11401
Page 2 Docket No. 11034
88-2-85-2-163
Since the latter Agreement was systemwide and covered all Carmen on
the newly consolidated rail system and since by extension, we must presume
that the parties contemplated the uniform and orderly administration of the
new Agreement, as further evidenced by Sections 2 and 3 of the September 16,
1981 Agreement, we must conclude that the Rules and permissions cited herein
were not violated, when Carmen from Fort Worth, Texas were used to inspect and
repair freight car UPFE458269 at Durant, Oklahoma on February 8, 1984.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1988.