Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11485
SECOND DIVISION Docket No. 11111-T
88-2-85-2-229
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. Carman John J. Eriksen and other Carmen employed at Proviso,
Illinois, Yard 9, are entitled to a safe environment in which to work and
Chicago and North Western Transportation Company violated the controlling
agreement when it improperly assigned train crews to perform Carmen's work of
making terminal air brake test on June 9, 1984.
2. That the Chicago and North Western Transportation Company be
ordered to take immediate steps to correct the safety violations and denial of
Carmen's rights in regard to performance of air brake tests.
FINDINGS:
The Second Division of the Adjustment Board upon the whale 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, but chose not to file a Submission
with the Division.
Claimant is employed as a carman by Carrier at its Proviso, Illinois
yard. On June 9, 1984, Carrier assigned Claimant and others to couple air
hoses, allegedly without proper blue flag protection. Carrier also assigned
the train crew of Engine 4868 to inspect and make air tests on approximately
104 ballast cars at Proviso. The Organization thereafter filed a claim on
Claimant's behalf, asserting that Carrier deprived Claimant and other carmen
of a safe work environment and that Carrier had assigned carmen's work to the
train crew.
Form 1 Award No. 11485
Page 2 Docket No. 11111-T ''
88-2-85-2-229
This Board has reviewed the evidence in this case, and we find that
the Organization has not met its burden of proof to support its charge that
the Carrier violated the controlling Agreement when it improperly assigned
train crews to perform carmen's work. Therefore, the claim must be denied.
With respect to the safety allegations being made by the Organization
as part of the claim, this Board must find that the future relief sought by
the Organization is beyond the jurisdiction of this Board. (See Second
Division Award 11342.) Therefore, that aspect of the claim must be dismissed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J, r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of June 1988.