Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12382
SECOND DIVISION Docket No. 12308
92-2-91-2-102
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:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM:
1. That the N&W Railway Company violated current agreements, Rule
14, when on January 15, 1990 they began filling two previously abolished
Carmen positions in North Kansas City Yards that were abolished in September
1989 without advertising these vacancies to the Carmen employed in Kansas
City, MO Shops and Yards and they have, continually on a daily basis, filled
the same jobs seven days per week by sending at least one Carmen to each
previously abolished job in the Transportation Yard at North Kansas City, M0.
The Carrier in doing so has in effect created new vacancies in North Kansas
City Yard for Carmen that must be bulletined to the Carmen's Craft, as per
Rule No. 14 .
2. That the Norfolk and Western Railway Company be ordered to
advertise or bulletin at North Kansas City Yards two Carmen jobs on the 4:00
p.m. to 12:00 midnight shift that they are now filling after they abolished
the same jobs in September 1989, in accordance with Rule 14, Current Agreements, as amended.
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 record shows that the Carrier abolished two Carmen positions at
its North Kansas City Yards and simultaneously established two Carmen positions at the same location. The only difference between the abolished positions and the new positions is the time and length of the meal period.
Form 1 Award No. 12382
Page 2 Docket No. 12308
92-2-91-2-102
We find no evidence from the record developed on the property that
Rule 14 has been violated. Therefore, the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
i
Attest:
ancy J. Dele
r
ecutive Secretary
Dated at Chicago, Illinois, this 8th day of July 1992.