Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11445
SECOND DIVISION Docket No. 11080-T
88-2-85-2-273
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Duluth, Missabe & Iron Range Railway Company
STATEMENT OF CLAIM:
1. That the Duluth, Missabe and Iron Range Railway Company violated
the terms of our current Agreement, in particular Rules 29(a) and 57, and
Article V of Mediation Agreement, Case A-7030 when they arbitrarily assigned
train crew to perform coupling of air hoses, inspecting and performing of air
test on Steelton Train at Proctor Yard.
2. That, accordingly, the Duluth, Missabe and Iron Range Railway
Company be ordered to compensate Proctor, Minnesota Carmen 0. Helland and D.
Martin in the amount of four (4) hours each at the straight time rate for July
22, 1984.
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 United Transportation Union was
advised of the pendency of this dispute and did not file a Submission with the
Division.
Claimants are regularly assigned as car inspectors by the Carrier. On
July 22, 1984, the train crew assigned to move a train from Proctor Yard to
Steelton Yard coupled air hoses and performed an air brake test on the train.
The Organization thereafter
filed
a time claim on the Claimants' behalf,
arguing that this was Carmen's work.
Form 1 Award No. 11445
Page 2 Docket No. 11080-T
88-2-85-2-273
This Board has reviewed the evidence in this case, and we find that
the Organization has not met its burden of proof that the Carrier is guilty of
a rule violation. Therefore, the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 6th day of April 1988.