Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11452
SECOND DIVISION Docket No. 11092--T
88-2-85-2-202
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:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM:
1. That the Seaboard System Railroad Company, hereinafter referred to
as the Carrier, violated the controlling Agreement, particularly Rules 106 and
142, when a machinist was assigned to fill the vacancy of a Carman Helper on
July 25, 1984, at South Louisville Shops, Louisville, Kentucky.
2. And accordingly, the Carrier should be ordered to compensate
Carman S. A. Hack, hereinafter referred to as the Claimant, for eight (8)
hours at the rate of time and one-half pay as the result of said 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 were given due notice of hearing thereon.
As Third Party in Interest, the International Association of
Machinists and Aerospace Workers was advised of the pendency of this dispute
and filed a Submission with the Division.
On July 25, 1984, a vacancy occurred in the Pettibone Crane operator's position, which normally is filled by the Machinist craft. A Machinist
was called from the overtime board, but upon his arrival, Carrier discovered
that he was not qualified to operate a Pettibone Crane. Carrier then assigned
this Machinist to operate a forklift, normally assigned to a Carman helper; on
the date in question, however, the Carman helper was on a leave of absence, so
a member of the "frozen" equipment operators group was operating the forklift,
who then was assigned to operate the Pettibone Crane. The Organization thereafter filed a claim on Claimant's behalf, asserting that Carrier improperly
assigned a Machinist to fill the Carman helper's vacancy.
Form 1 Award No. 11452
Page 2 Docket No. 11092-T
88-2-85-2-202
This Board has reviewed the evidence in this case, and we find that a
jurisdictional dispute exists between the two organizations. The parties to
this dispute are signatories to a Letter of Understanding dated in 1943 and
made a part of the controlling Agreement. That Agreement requires that signatory Organizations settle disputes over the right to perform work before any
claims are submitted to the Carrier. This Board has previously upheld the
control of Appendix A in jurisdictional disputes. (See Second Division Awards
6825 and 10182.)
Based on our previous holdings and the nature of this dispute, this
Board will dismiss this claim.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
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iolc,415?~
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 6th day of April 1988.