Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11477
SECOND DIVISION Docket No. 11327
88-2-86-2-172
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:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
1. Cayman Welder K. Maher was deprived of his contractual rights when
the Chicago & North Western Transportation Company violated the controlling
agreement on August 18, 1985 when they permitted Cayman R. Nowak, an unqualified welder, to perform welding work on freight cars CNW 8997 and ITTX 911744
at Proviso, Illinois.
2. That the Chicago & North Western Transportation Company be
ordered to compensate Cayman Welder K. Maher in the amount of eight (8) hours
pay at the time and one-half rate of pay.
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.
Claimant is employed as a carman welder by Carrier at its Proviso,
Illinois, facility. On August 18, 1985, Carrier assigned welding work to a
carman who is not certified as a welder. The Organization thereafter filed a
claim on Claimant's behalf, challenging Carrier's assignment of this welding
work.
This Board has reviewed the evidence in this case, and we find that
although bulletined welder positions require that a successful applicant be
certified, there is no prohibition on the use of a qualified welder to do
welding on a "spot" basis. The record reveals that Nowak was qualified to do
some welding. There is no evidence that Nowak did anything more than he was
qualified to do on only two cars. The welding work was incidental to his
normal duties, and he was qualified to do it. Therefore, the claim must be
denied.
Form 1 Award No. 11477
Page 2 Docket No. 11327
88-2-86-2-172
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
a cy J. D - Executive Secret
fry
Dated at Chicago, Illinois, this 11th day of May 1988.
Mao
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