Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11478
SECOND DIVISION Docket No. 11332
88-2-86-2-148
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:
(Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAIM:
1. That the Missouri-Kansas-Texas Railroad Company violated the
current controlling agreement on September 3, 1985 when Assistant Car Foreman
J. M. Wheeler went to Greenville, Texas and inspected cars to be certain that
they conformed to the AAR Interchange Rules and oiled boxes and did AAR
inspection.
2. That the Missouri-Kansas-Texas Railroad Company be required to
compensate Carman L. G. Ooten in the amount of five (5) hours pay at the
proper pro rata rate for September 3, 1985, account not called and used to
perform this service in accord with the current controlling agreement.
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 by Carrier at its benison, Texas,
facility. On September 18, 1985, the Organization filed a claim on Claimant's
behalf, charging that Carrier had improperly assigned a car foremen to inspect
certain open top cars at Greenville, Texas.
This Board has reviewed the record in this case, and we find that the
Organization has not met its burden of proof that the work involved was exclusively reserved to carmen. Moreover, there has not been a convincing demonstration in the record that the rules restricted the use of supervisors in
this limited inspection. Consequently, the claim must be denied.
Form 1 Award No. 11478
Page 2 Docket No. 11332
88-2-86-2-148
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J./Ie~ - Executive Secretary
Dated at Chicago, Illinois, this 11th day of May 1988.