Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11456
SECOND DIVISION Docket No. 11109-T
88-2-85-2-237
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:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
1. That the Atchison, Topeka and Santa Fe Railway Company erroneously
and improperly instructed and/or allowed other than Carmen to couple air hoses
incidental to inspection and the testing of air brakes between the hours of
11:00 P.M. to 7:00 A.M. since April 19, 1983, at Gainesville, Texas, thereby
violating Article V of Appendix No. 7 as subsequently amended by Article VI of
the December 4, 1975 Agreement, when the third shift car inspector jobs were
abolished.
2. That accordingly the Carrier be ordered to additionally compensate
C. R. Whitlow, or the lowest man on the third shift overtime board and continuing in rotation, and be additionally compensated in the amount of four (4)
hours for each day at their applicable hourly rate of pay for each day retroactive to April 19, 1983 and to continue until correction and payment have
been made.
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.
Form 1 Award No. 11456
Page 2 Docket No. 11109-T
88-2-85-2-237
Claimant was employed by Carrier at Gainesville, Texas, until April
19, 1983, when Carrier abolished all car inspector positions at that facility.
After the car inspector positions were abolished, Carrier instructed trainmen
to couple air hoses, inspect, and make air tests on their trains at Gainesville. The Organization filed a time claim on Claimant's behalf, asserting
that this is Carmen's work.
This Board has reviewed the evidence in this case, and we find that
there is no showing that the Organization requested a joint check to determine
if there was sufficient work to justify employing a Carman. Hence, in accordance with our previous rulings, as set forth in Second Division Awards 10242
and 10742, this claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
~ Nancy J-/eWr!<-Executive Secretary
Dated at Chicago, Illinois, this 6th day of April 1988.