Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11473
SECOND DIVISION Docket No. 11285-T
88-2-86-2-101
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 Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM:
1. That the service rights of Carmen W. E. Fannin and B. R. Tolliver
and Rules 154 and 126 of the controlling agreement were violated August 31
through September 4, 1984 account other than carmen were assigned to perform
carmen's work of constructing an electrical cabinet and installing same on a
camp car.
2. Accordingly, Carmen Fannin and Tolliver are entitled to be
additionally compensated thirteen (13) hours each at carman welder's rate in
lieu of the violations.
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 Sheet Metal Workers International
Association was advised of the pendency of this dispute, and filed a Submission with the Division.
Claimants are employed as carman welders by Carrier at its Raceland
Car Shop in Russell, Kentucky. From August 31 through September 4, 1984,
Carrier assigned sheet metal workers to build, weld, and install a steel
cabinet for use in an electrical power car for camp car forces. The Organization thereafter filed a claim on Claimants' behalf, challenging Carrier's
use of sheet metal workers to perform this work.
Form 1 Award No. 11473
Page 2 Docket No. 11285-T
88-2-86-2-101
This Board has reviewed the record in this case, and we find that
Supplement No. 6 requires that jurisdictional disputes must first be handled
between the General Chairmen of the crafts involved before any other processing of the claim occurs. In this case, the record does not indicate that
there was any handling of the matter between the General Chairmen of the two
Organizations. Therefore, since the provisions of Supplement No. 6 were not
complied with by the Organization, this claim will be dismissed in accordance
with our usual procedure. (See Second Division Awards 11229, 7296, and Third
Division Award 19013.)
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 11th day of May 1988.