Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11421
SECOND DIVISION Docket No. 11361-T
88-2-87-2-27
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was adopted.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
1. Carmen Mark Wood, Ron Thomas, A. Shank, R. Rollins, D. Evans, J.
Sharpe, Rich Rainey and T. Ligas were deprived of work and wages to which they
were entitled when the Chicago and North Western Transportation Company violated Article V of the Agreement of September 25, 1964, as amended by Article
VI of the December 4, 1975 Agreement, and Rules 14, 15, 30, 57, 58, 61 and 76
of the controlling Agreement when they improperly assigned train crews to
perform carmen's work of coupling air hoses and making terminal air brake
test, and assigning mechanic-in-charge to remove and replace coupler in A-end
of Engine 1302 at Carrier's Short Line Departure Yard at Des Moines, Iowa on
January 17, 25, 31, February 1, 6, 7 and 28 and March 2, 1986.
2. The Chicago and North Western Transportation Company further
violated the time limit provision of the Agreement when the Assistant Vice
President and Division Manager failed to make a response to the portion of the
claim in favor of Carmen R. Rainey and T. Ligas for March 2, 1986.
3. That the Chicago and North Western Transportation Company be
ordered to compensate the above named Carmen Claimants as follows:
Cayman Mark Wood is entitled to be compensated in the amount of
four (4) hours pay at the rate of $13.21 per hour, amount to a
total of $52.84 for violation of January 17, 1986.
Cayman Ron Thomas is entitled to be compensated in the amount of
eight (8) hours pay at the rate of $13.21 per hour, amounting to
a total of $105.58 for violations of January 25 and February 1,
1986.
Cayman A. Shank is entitled to be compensated in the amount of
four (4) hours pay at the rate of $13.21 per hour, amounting to a
total of $52.84 for violation of January 31, 1986.
Cayman R. Rollins is entitled to be compensated in the amount of
eight (8) hours pay at the rate of $13.21 per hour, amounting to
a total of $105.58 for violations of January 31 and February 28,
1986.
Form 1 Award No. 11421
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88-2-87-2-27
Cayman D. Evans is entitled to be compensated in the amount of
four (4) hours pay at the rate of $13.21 per hour, amounting to a
total of $52.84 for violation of February 7, 1986.
Cayman J. Sharpe is entitled to be compensated in the amount of
four (4) hours pay at the rate of $13.21 per hour, amounting to a
total of $52.84 for violation of February 6, 1986.
Carmen Rich Rainey and T. Ligas are each entitled to be compen
sated in the amount of four (4) hours pay at the rate of $13.21
per hour, amounting to a total of $52.84 each for violation of
March 2, 1986.
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.
As Third Party in interest, the United Transportation Union was
advised of the pendency of this dispute, but chose not to file a submission
with the Division.
The Board is asked to rule on a number of Claims asserting that
Carrier assigned Carmens work to train crews and a mechanic-in-charge.
Specifically, train crews coupled air hoses and made terminal air brake tests
and the mechanic-in-charge removed and replaced a coupler on the A-end of an
Engine at Short Line Yard. Within this dispute is an additional time limit
contention wherein the Organization claims that Carrier failed to timely
respond to one of its Claims.
The procedural issue has been reviewed and we find that it was timely
"denied in entirety" by letter of March 14, 1986. While the denial failed to
name one of the eight Claimants and additionally failed to refer to the
changed coupler, it specifically denied the violation that occurred on March
2, 1986. As such, this Board finds no time limits violation.
With regard to the merits, a review of the record as developed on
property fails to find evidence of a probative nature to support the assertion
of a Carrier violation. In the instant case, assertions that such work has
historically been performed by Carmen does not meet the Organization's burden
of proof. No evidence of record establishes that the work belongs to Carmen.
Accepted as the standard are three criteria as follows:
Form 1 Award No. 11421
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88-2-87-2-27
1. Carmen in the employment of the Carrier are on duty.
2. The train tested, inspected or coupled is in a departure yard
or terminal.
3. The train involved departs the departure yard or terminal.
The Carrier stated on property that the work was "performed on cars
that were in yard transfer." This Board has held that movement within the
boundaries of a terminal from one yard to another does not meet the criteria
of a departure train (Second Division Awards 11295, 10107, 10021, 9782,
11202). A review of the evidence submitted by the Organization does not
overcome this deficiency in proof.
Therefore, fully reviewing all issues, assertions, Rules and
evidence, the Board finds that it must deny the instant Claim for lack of
proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest;
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 20th day of January 1988.