Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12009
SECOND DIVISION Docket No. 11822-T
91-2-89-2-168
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM:
1. That the Norfolk and Western Railway Company violated Rules 110,
30, Article V of the September 25, 1964 Agreement, Article VI of the November
19, 1986 Agreement, when they assigned and allowed other than Carmen to perform the duties of roll-by inspections of trains and cars inside ElmoreMullens Terminal, West Virginia.
2. That because of such violation, the Norfolk and Western Railway
Company be ordered to compensate Carmen R. M. Lawrence, R. G. Hall, C. W.
McKinney, D. F. Jones, W. E. Ford, J. E. Miller, E. W. Dehart, C. J. Bickford,
A. F. Taylor,, J. W. White, M. F. Mills and R. D. Cook, whose names are maintained on the extra and overtime boards at Elmore, WV, the amount of twentythree (23) calls at two (2) hours and forty (40) minutes at time and one-half
carmen's rate of pay to be divided equally between the aforementioned claimants.
3. That the work of inspecting trains and/or cars, whether standing
or roll-by inspection, be restored and returned to carmen who hold exclusive
contractual rights to same.
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 response with the
Division.
Form 1 Award
No. 12009
Page
2
Docket
No. 11822-T
91-2-89-2-168
In our Award 12008 we considered and denied a Claim identical to that
under review in this Docket. Award 12008 will be followed here.
A W A R D
Claim denied.
NATIONAL
RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~7N
ncy J D er - Executive Secretary
Dated at Chicago, Illinois, this 20th day of February
1991.