Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12378
SECOND DIVISION Docket No. 12273-T
92-2-91-2-61
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Brotherhood Railway Carmen/ Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (formerly the Baltimore
( and Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the carrier violated Rule 138 of the controlling agreement by
working a boilermaker in the place of a carman which should have been called
to help replace a coupler on Engine 6006.
2. That the carrier be ordered to award Claimant Sam Bussard four (4)
hours time and one-half rate of pay of the carman's craft account of their
violation of Rule 138.
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 International Brotherhood of
Boilermakers and Blacksmiths was advised of the pendency of this dispute,
but did not file a response with the Division.
The basic facts of this case are set forth as follows: By letter
dated May 31, 1989, the Organization filed a Claim wherein it charged Carrier
with violating Rule 138 of the Agreement when a Boilermaker was assigned on
April 30, 1989, to assist a Carman change a coupler on Engine 6006. The work
was performed in the roundhouse on pit #6 located at the Cumberland Locomotive
Shop. Specifically, the Organization maintained that Carrier should have
called a Carman to help replace the coupler, since said work was historically
and generally recognized as Carmen's work.
Form 1 Award No. 12378
Page 2 Docket No. 12273-T
92-2-91-2-61
By letter dated June 29, 1989, Carrier denied the Claim on the
grounds that the work performed by the Boilermaker was of a general nature
and merely consisted of aiding the Carman lower the saddle and coupler to the
ground and then lifting the saddle and new coupler back into position.
As the Claim progressed, the Organization noted that the work was
part and parcel of the overall task of renewing the coupler and not work of a
general nature. Carrier reiterated its initial denial position, though it
added the Organization submitted no evidence indicating Claimant's status or
that he suffered any loss of earnings.
In considering this case, the Board cannot disregard the integral
nature of the disputed work to the Carman's task of changing a locomotive
coupler, but the time actually expended by the Boilermaker was minimal in
duration and hence subject to the de minimus doctrine. For example, the
Organization contended in its May 31, 1989 Claim that the Carman and Boilermaker worked on the coupler for two hours and forty-five minutes, but offered
no proof to substantiate this contention. A confirming statement by the assigned Carman detailing the time and specific work would have strengthened
the Organization's petition. On the other hand, Carrier's response that the
Boilermaker expended twenty minutes actual working time assisting the Carman
went unchallenged and this quantum of time under these circumstances is indeed
de minimus. Second Division Award 7587 is on point herein.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
any J. Dele/..~Executive Secretary
Dated at Chicago, Illinois, this 8th day of July 1992.