Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION Award No. 12477
Docket No. 12028
92-2-90-2-166
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division TCU
PARTIES TO DISPUTE:
(The 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 Agrement, 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 August 10, 11, 14, 15, 16, 21, 23, 25 and 29, 1989 (nine
days) used other than Carmen to perform Carmen's work using instead trainmen and other strangers to usurp and deny Carmen to perform their contractually right to perform testing, inspecting and repairing air brakes and
other appurtenances in a departure yard. These positions were continously
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 August 10, 11, 14, 15, 16, 21, 23, 25 and 29, 1989 (nine 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.
This Claim has been progressed to this Board on an allegation
that on various dates in 1989 strangers to the Agreement were utilized by Carrier in the performance of testing and inspecting air brakes in
a Carrier departure yard. The facts of record demonstrate that the specific
work involved in the Claim was not a movement of a train out of a departure
yard, but merely handling a cut of cars from one location within a terminal
low
Form 1 Award No. 12477
Page 2 Docket No. 12028 ~r~"
92-2-90-2-166
to another location within the same terminal. Inspecting and testing air
on cuts of cars being transferred from one location to another within a
terminal is not work exclusively reserved to carmen under the Agreement.
See Second Division Award 12428 for a similar holding.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy Jeer - Executive Secretary
Dated at Chicago, Illinois, this 18th day of November 1992.