Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12379
SECOND DIVISION Docket No. 12283-T
92-2-91-2-96
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Louisville and Nashville Railroad Company)
STATEMENT OF CLAIM:
1. That the Louisville & Nashville Railroad Company, hereinafter
referred to as the carrier, violated the agreement, particularly, but not
limited to, Article V of the September 25, 1964 Agreement, as amended by
Article VI of the December 4, 1975 Agreement, and further amended by Article
VI of the November 19, 1986 Agreement, and Rules 104 and 30 of the September
1, 1943 Agreement between the parties involved, when on various dates as
hereinafter set forth they assigned or allowed other than carmen to couple air
hoses and inspect and test air brakes on cars in Boyles (Birmingham, Alabama)
yard where carmen are employed and were on duty, on various dates, hereinafter
set forth. ,
2. And accordingly, carrier should be ordered to additionally compensate the following carmen, hereinafter referred to as the claimants, for
four (4) hours at straight time rate on each date specified as a result of
said violations:
J. Waites April 14, 23, 26 and 28,
May 11, 12, 13 and 14, 1989
R. Ricks, Jr. April 14 and 23,
May 11, 13 and 16, 1989
M. Hixon May 31 and June 2 and 8, 1989
C. W. Bell May 31 and June 2 and 9, 1989
R. K. Hill June 25, 1989.
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.
Form 1
Page 2
Award No. 12379
Docket No. 12283-T
92-2-91-2-96
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 chose not to intervene.
In this claim, the Organization states that on various dates in 1989
the Carrier assigned or allowed employees who were not Carmen to couple air
hoses as well as inspect and test air brakes on railroad cars at Boyles Yard,
Birmingham, Alabama. The Organization contends that the claimed work belongs
to its craft by Agreement language, particularly Article V of the September
25, 1964 agreement, Article VI of the December 4, 1975 Agreement and Article V
of the November 19, 1986 Agreement. Specifically, the organization relies
mainly upon the language of Article V of the 1986 Agreement which states:
"Where such work performed by Carmen is transferred to another location,
Carmen shall be utilized to perform such work."
On the basis of our review of the record developed on the property,
we hold for the Organization in this matter.
With respect to damages, we adhere to past Awards which have held
that payment for time not worked should be at the straight time rate of pay.
In this case, two (2) hours and forty (40) minutes.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:~5
y J. D
v -Executive Secretary
Dated at Chicago, Illinois, this 8th day of July 1992.