Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No. 12380
SECOND DIVISION Docket No.
12291
92-2-91-2-79
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. (former Chesapeake and
( Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the Chesapeake & Ohio Railroad Company (CSX Transportation,
Inc.) (hereinafter referred to as "carrier") violated the service rights of
Carman F. Reeves ( hereinafter referred to as "claimant") and the provisions
of Rules
32
and
154
of the controlling agreement when on March
3, 1989
the
carrier utilized an outside concern to perform carmen's work in violation of
the aforementioned agreement rules.
2.
Accordingly, the claimant is entitled to be compensated for twelve
(12)
hours at the applicable rate of time and one-half for said violation.
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.
The Claim arose because an outside contractor erected scaffolding
on
No. 6
Track at the Carrier's car repair facility at Raceland, Kentucky.
At the outset, the Board notes that the Carrier's submission to the
Board has presented certain new arguments that will not be considered in our
deliberations because they were not raised on the property.
We agree with the Organization that the work in question is reserved
to the Carman craft. In so holding, we mainly rely upon the Organization's
letter of February
16, 1989,
and the Carrier's letter of reply dated February
24, 1989.
Form 1 Award No. 12380
Page 2 Docket No. 12291
92-2-91-2-79
With respect to damages, we again follow a long line of Awards that
have held that work not performed is compensable at the straight-time rate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: r'~a~.
Nadcy J. ,,,Er - Executive Secretary
Dated at Chicago, Illinois, this 8th day of July 1992.