Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11620
SECOND DIVISION Docket No. 11280
89-2-86-2-121
The Second Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Brotherhood Railway Carmen of the United States and Canada
PARTIES TO DISPUTE:
(Houston Belt & Terminal Railway Company
STATEMENT OF CLAIM:
1. That the Houston Belt & Terminal Railway Company violated the
controlling agreement, particularly Rule 23 Paragraph A, August 9, 1985, when
Cayman J. Bouldin was not called from the overtime board to assist in repairing car MP 267618 at Basin Yard in Houston, Texas.
2. That accordingly, the Houston Belt & Terminal Railway Company be
ordered to compensate Cayman Bouldin in the amount of four (4) hours at
straight time for August 9, 1985.
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.
A pay claim was filed by the Local Chairman, Houston, Texas on behalf
of Claimant on September 30, 1985. The claim alleged that on August 9, 1985
an Assistant Trainmaster removed a bad air brake hose on car MP 267618 of the
Settegast-Port Transfer and replaced it with a new hose. According to the
claim this is Carmen's work and the claim requests four (4) hours' pay at
straight time rate.
Subsequent handling of this claim shows that on the evening of August
9, 1985 the yard crew with engines 40 and 41 departed from Settegast Yard with
some 80 cars for the Port Terminal Railroad. The train went into emergency
between Settegast and Basin Yard. At that time, which was approximately 9:40
PM, a Yardman began walking the train and found a bad hose on one of the cars.
The Assistant Trainmaster was in the vicinity and drove his car to the point
where the car with the hose separation was located. According to the Trainmaster he then "...held a lantern" while the Yardman changed the hose. Despite the allegation found in the original claim, repeated in the handling of
Form 1 Award No. 11620
Page 2 Docket No. 11280
89-2-86-2-121
this claim on property, the Board cannot find sufficient probative evidence of
record to support the Claimant's version of the facts of this case. The
record supports that the hose was changed by a Yardman, not the Assistant
Trainmaster.
The claim alleges violation of Agreement Rule 23(A) which reads, in
pertinent part: "None but mechanics or apprentices regularly employed as such
shall do mechanics' work as per special rules of each craft, except foremen at
points where no mechanics are employed." There is no evidence of record to
support the conclusion that, under circumstances such as those outlined in
this case, the work of changing an air hose is the exclusive purview of the
Carmen's craft under protection of the Rule cited. The record supports that a
member of the train crew changed an air hose on his own train, that he did so
under emergency conditions, and that no Carman was in the vicinity of the
train car with the broken hose. According to the Assistant Trainmaster's
statement, which is part of the record, the Carman working the Basin Yard did
not even have transportation to get him to the car causing the delay of the
Settegast-Port Transfer. Such is not disputed by the Claimant.
The train was stopped for only 20 minutes before the problem was
found and solved. During that short time, however, it was blocking a number
of crossings and the SP Tower 87 interlocking. The Assistant Trainmaster
states that "due to having crossings and the interlocking blocked I allowed
(the) Helper to replace (the broken) hose to prevent any further delays rather
than wait (for) an available Carman." Given the circumstances, such did not
represent a violation of the Agreement and the instant claim cannot be sustained.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
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Attest:
Nancy J. e^r - Executive Secretary
Dated at Chicago, Illinois, this 11th day of January 1989.