Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11402
SECOND DIVISION Docket No. 11035
88-2-85-2-164
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 Employes:
1. That the Missouri Pacific Railroad Company violated Rules 24, 25
and 102 February 24, 1984, when they used Carmen from Fort Worth, Texas, to
inspect and repair freight car UP361181 at Durant, Oklahoma.
2. That the Missouri Pacific Railroad Company be ordered to compensate Carmen R. L. Greb and L. W. Branan in the amount of thirteen (13) hours
each at the punitive rate account of this violation.
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.
In this dispute, which is a companion case to Second Division Award
11399 and wherein the adjudicative question is exactly the same as that Award,
the Board must conclude that neither Rules 24, 25 and 102 of the controlling
Agreement nor the Coordinative provision of the Agreement of December 16, 1970
were violated when Carmen from Fort Worth, Texas were used to inspect and
repair freight car UP361181 at Durant, Oklahoma on February 24, 1984.
We have carefully reviewed the documentary record to determine
whether this case is inherently distinguishable from Second Division Award
11399, but we find no evidence or even an indication that would warrant a
different assessment. As we have noted in that Award, the consummation of the
September 16, 1981, Agreement cancelled the former labor Agreement on the
Texas and Pacific Railroad and placed all Carmen under the Missouri Pacific
Form 1 Award No. 11402
Page 2 Docket No. 11035
88-2-85-2-164
Agreement. From that point on, one railroad was in existence and the latter
Agreement applied to the newly consolidated system. In effect, the Missouri
Pacific Agreement superseded all prior agreements on the Texas and Pacific.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.
ey#R-
Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1988.