Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11903
SECOND DIVISION Docket No. 11542-T
90-2-88-2-52
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/ A Division of TCU
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM:
1. That the Duluth, Missabe and Iron Range Railway Company violated
the terms of our current Agreement, particularly Rules 29(a), 57 and Supplement No. 3, Article V, when they arbitrarily assigned other than carmen to
perform inspection, air testing and related coupling of air brake hoses on
trains departing Keenan Yard.
2. That accordingly, the Duluth, Missabe and Iron Range Railway
Company be ordered to compensate the below listed carmen in the amounts and
for the dates shown:
D. J. Wayt
1-19-87 Fairlane 4 hours
1-20-87 Virginia 4 hours
1-21-87 Wilpen 4 hours
1-22-87 Fairlane 4 hours
1-23-87 Virginia 4 hours
1-27-87 Fairlane 4 hours
T. P. Garro
1-28-87 Virginia 4 hours
1-29-87 Chisolm 4 hours
1-30-87 Virginia 4 hours
1-31-87 Virginia 4 hours
2-02-87 Fairlane 4 hours
2-03-87 Virginia 4 hours
P. E. Kinney
2-04-87 Minorca 4 hours
2-05-87 Fairlane 4 hours
2-06-87 Fairlane 4 hours
2-08-87 Fairlane 4 hours
2-09-87 Hibbing 4 hours
2-10-87 Fairlane 4 hours
Form 1 Award No. 11903
Page 2 Docket No. 11542-T
90-2-88-2-52
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V. D. Willow
2-11-87 Fairlane 4 hours
2-12-87 Fairlane 4 hours
2-13-87 Virginia 4 hours
2-14-87 Fairlane 4 hours
2-16-87 Virginia 4 hours
2-17-87 Fairlane 4 hours
R. G. Tormondsen
2-19-87 Fairlane 4 hours
2-20-87 Minorca 4 hours
2-21-87 Fairlane 4 hours
2-22-87 Fairlane 4 hours
2-24-87 Hibbing 4 hours
2-25-87 Virginia 4 hours
2-26-87 Virginia 4 hours
All above at straight time rate.
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.
As Third Party in Interest, the United Transportation Union was
advised of the pendency of this dispute but did not file a Submission with the
Division.
The Claims in this Docket are for 31 four-hour calls during January
and February 1987, on behalf of 5 senior furloughed Carmen, because Trainmen
coupled air hoses on various cars which they were delivering in a departure
from Keenan Yard to various points on the Iron Range.
The issues involved are not new to this Board. On a number of occasions in the past we have had occasion to decide similar cases on this and
other carriers. In two Awards dealing with these parties, (Second Division
Awards 11493 and 11445) we concluded that it was not a violation of the Carmen's Agreement when Trainmen coupled air hoses and made brake tests in circumstances similar to those under review here. We do not find these Awards to
be in palpable error and they will be followed here.
Form 1 Award No. 11903
Page 3 Docket No. 11542-T
90-2-88-2-52
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~Zeleoez-
4'~
Nancy J. ~er - Executive Secretary
Dated at Chicago, Illinois, this 1st day of August 1990.