Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12428
SECOND DIVISION Docket No. 12144-T
92-2-90-2-285
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Kansas City Terminal Railway Company
STATEMENT OF CLAIM:
1. That the Kansas City Terminal Railway Company violated current
agreements, Rule 71 of the September 25, 1964 Agreement, Article V, Article VI
of the December 4, 1975 Agreement and Article VI of the November 19, 1986
Agreement, as subsequently amended, as they have continuously from or on
September 6, 8, 13, 18 and 26, 1989 (five days) used other than Carmen to
perform Carmen's work using instead trainmen and other strangers to usurp and
deny Carmen to perform their contractual right to perform testing, inspecting
and repairing air brakes and their appurtenances in a departure yard. These
positions were continuously being filled each day by various employes other
than Carmen on the above mentioned dates.
2. That the Kansas City Terminal Railway Company be ordered to cease
from using other than Carmen to perform Carmen's work and assign the positions
to the Carmen's craft and compensate Carmen who are working and one Carman who
is furloughed at the overtime rate, plus 10% per annum interest for September
6, 8, 13, 18 and 26, 1989 (five: days) for using other than Carmen to perform
Carmen's work.
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.
Form 1 Award No. 12428
Page 2 Docket No. 12144-T
92-2-90-2-285
The United Transportation Union, a Third Party at Interest, was
advised of this dispute and indicated no wish to intervene.
The Claim concerns coupling of air hoses on cuts of cars by other
than Carmen in the Carrier's Mill Street Yard. As reviewed in many Awards,
the criteria requiring the use of Carmen for such work are the following:
1. Carmen in the employment of the Carrier are present and on duty.
2. The train tested, inspected or coupled is in a departure yard or
terminal.
3. The train involved departs departure yard or terminal.
In this instance, the Organization has failed to demonstrate that the
work involved "trains" as contrasted with cuts of cars or that the cars left
the "terminal." Relying on numerous previous Awards on point here, the Board
finds the Claim without Rule support.
The Organization, in addition, argues that the Carrier's Submission
is not in proper form since it is not signed. The Submission carries the
printed name of a Carrier official. This has been found to be sufficient,
despite the absence of a written signature.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy ?~eer - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of September 1992.