NATIONAL RAILROAD ADJUSTMENT HOARD
Form 1 SECOND DIVISION Award No. 12560
Docket No. 12457
93-2-91-2-265
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:
(CSX Transportation, Inc. (former Chesapeake
(and Ohio Railway Company)
STATEMENT OF CLAIM:
"1. That the Chesapeake & Ohio Railroad
Company (C:>X Transportation, Inc.)
(hereinafter 'carrier') violated the
provisions of Rules 157 and 158 of
the Shop crafts Agreement and
Article VII of the December 4, 1975
National AGreement between
Transportation Communications
International Union-Carmen's
Division and the Chesapeake & Ohio
Railroad Company (CSX
Transportation, Inc) (revised June
1, 1969) and the service rights of
Carmen J. Suttles, R. Harbolt, S.
Harris, R. Howard and S. Trimble,
the wrecking crew members at Russell
Yard, Russell, Kentucky (hereinafter
'claimants') when the carrier
abolished the six (6) wreck crew on
July 25, 1990.
2. That accordingly, the carrier be
ordered to bulletin the proper
number of positions to the wreck
crew to the same number of positions
in effect as of the date of the
December
4,
1975 National Agreement.
Further, that the claimants be
compensazed for all losses sustained
as a result of the carrier's
abolishment of the wrecking crew
positions."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
Form 1 Award No. 12560
Page 2 Docket No. 12457
93-2-91-2-265
The carrier or carriers and the employe or employes involved
in this dispute are respectively carrier and employe 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 July 25, 1990, Carrier sold its wrecking derrick assigned
at Russell, Kentucky, for scrap. Since the wrecking outfit was no
longer available, the wrecking crew was abolished. The
organization contends that these abolishments violated its
Agreement and seeks an order from this Board that the crew be
reestablished and that former members of the crew be compensated
for wages lost.
The record does not establish that the scrapping of the
wrecker derrick and the abolishment of the wrecking crew was in
violation of Rules 157 or 158, or Article VII of the December 4,
1975 National Agreement. The Claim is without merit.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
i
Attest:
N ncy J.I ~ ver - Secretary to the Board
Dated at Chicago, Illinois, this 11th day of August 1993.