Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11594
SECOND DIVISION Docket No. 11113-T
88-2-85-2-232
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
(Brotherhood Railway Carmen of the United States and
( Canada
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM:
1. That the Baltimore and Ohio Railroad Company violated the controlling Agreement, specifically Rule 144 1/2, when on the date of May 28,
1984, Carrier laid-in Car Inspector's position at Pit Yard, Hamilton, Ohio,
Holiday, and further allowed train crew to perform Carmen's work, coupling air
hose and air brake test.
2. That accordingly, carrier be ordered to compensate Claimant T. L.
Burggraf for all time lost as a result of such violation: eight (8) hours
pay, penalty time, at $19.80 per hour, totaling $158.40.
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.
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.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant is employed as a Carman at its Pit Yard facility located at
Hamilton, Ohio. At the time of the events giving rise to the instant dispute,
Claimant held a regular assignment by bid on the first shift at the Carrier's
Pit Yard facility. The record establishes that pursuant to the Agreement
between the parties, the carmen, including Claimant, were not scheduled to
work on May 28, 1984, which was a holiday. During the first shift, Yard Crew
Job No. 3 at Pit Yard picked up eleven (11) cars, which had been previously
coupled by the Car Inspector at Pit Yard on May 27, 1984, and moved them to an
industrial site for placement. The Organization contends that the train crew
performed carmen's work and that by assigning the train crew to perform such
work, the Carrier violated Rule 144 1/2.
Form 1 Award No. 11594
Page 2 Docket No. 11113-T
88-2-85-2-232
Rule 144 1/2 in relevant part, provides:
"(a) In yards or terminals where carmen in the
service of the Carrier operating or servicing the
train are employed and are on duty in the departure
yard, coach yard or passenger terminal from which
trains depart, such inspecting and testing of air
brakes and appurtenances on trains as is required
by the Carrier in the departure yard, coach yard,
or passenger terminal, and the related coupling of
air, signal and steam hose incidental to such in
spection, shall be performed by the carmen."
In Second Division Award 10021, this Board, in relevant part,
declared:
"The essence of Rule 144 1/2 in this case is that
the work in question is reserved to carmen only
when certain specific conditions prevail. The
issue has been determined in a number of awards
notably Second Division No. 5368, wherein the three
specific conditions are set forth as follows:
1. Carmen in the employment of the Carrier are on _
duty.
2. The train tested, inspected or coupled is in a
departure yard or terminal.
3. The train involved departs the departure yard
or terminal."
None of the conditions referred to in Second Division Award 10021 is
present in the instant case. Claimant as well as the other carmen, at the
Carrier's Pit Yard facility were not on duty on May 28, 1984. Furthermore,
the entire movement of the cut of cars on May 28 was within the Hamilton
Terminal limits. Both Pit Yard and the industrial siding are located within
the limits of the Carrier's Hamilton, Ohio Terminal.
Moreover, as Second Division Award 10021 points out, the term
"train" as set forth in Rule 144 1/2:
...refers to trains ready for departure from the
terminal for over-the-road movement beyond terminal
yard limits, not to intra-terminal movements between classification yards."
Form 1 Award No. 11594
Page 3 Docket No. 11113-T
88-2-85-2-232
It is also significant that a cut of cars is involved in the instant
case "...rather than a road train prepared and ready for departure from one of
the yards for an over-the-road movement. Thus, the rule (Rule 144 1/2) refers
to 'trains,' not cuts of cars." (Second Division Award 10021.)
The Organization states that the Carrier caused Claimant as well as
other carmen not to be scheduled for service. Accordingly, the Organization
contends that the Carrier should not benefit from preventing Claimant to
satisfy a specific condition of Rule 144 1/2. Even if Claimant had been on
duty on May 28, the other two (2) conditions set forth in Second Division
Award 10021 would not have been satisfied to trigger the application of Rule
144 1/2.
In light of the aforementioned considerations, the claim is denied.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J 4^ver - Executive Secretary
Dated at Chicago, Illinois, this 26th day of October 1988.
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