Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION Award No. 12473
Docket No. 12047
92-2-90-2-158
The Second Division consisted on the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (formerly the Seaboard
Coastline Railroad)
STATEMENT OF CLAIM:
L. That the CSX Transportation, Inc. violated the controlling
agreement, in particular Rules 15, 26, 100 and 102, when they assigned a
carman and a carman helper in preparation for painting and sandblasting
cars instead of painter helpers.
2. That accordingly, the CSX-T, Inc. be ordered to pay Painter
Helpers J. L. Herrin, and W. M. Denson eight (8) hours per day, forty (40)
hours per week from September 18, 1987 and continuing until they are res
stored to their rightful positions or until the carman and carman helper
are removed from performing the painter helpers' work. On December 6,
1987, J. L. Herrin was recalled to work. There was an amended claim
for T. M. Lott that started December 7, 1987.
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.
On November 6, 1987, Carrier assigned work connected with sandblasting and paint preparation of the interior of a series of box cars to a Car-,
man and a Carman Helper at its Waycross, Georgia Shop. The Organization
contends that this work was required to be assigned to a Painter Helper
at that facility. The Organization points out that this specific issue is
not new to this Board, and emphasizes that a Claim similar in all respects
had been decided in Second Division Award 11360. It asks that Award 11360
be followed and that the instant Claim be sustained.
Form 1 Award No. 12473
Page 2 Docket No. 12047
92-2-90-2-158
Carrier acknowledges that Award 11360 is an on-property decision
that covers a similar subject at the same location, but insists that
there are significant differences between the facts involved in that
Award and the facts in the instance case. It maintains that these
differences dictate that a denial Award be issued.
This Board does not find Award 11360 to be in palpable error. Additionally, the Board is not persuaded that the facts involved in this
case reviewed there are sufficiently dissimilar to the facts in this
case so as to suggest a difference result. Awards involving basically
the same fact situation, arising on the same Carrier at the same location
had ought to be followed unless it is demonstrated by persuasive evidence
that the earlier decision is in error. This has not been done here. Accordingly, the Claim will be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
'Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 4th day of November 1992.