Form 1 SECOND DIVISION Award No. 12594



      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:

                  (Chicago and North Western Transportation (Company


STATEMENT OF CLAIM:

          "1. Carman Richard Ponte and Fred Kammermeyer, East Minneapolis, Minnesota, were deprived of work and wages to which they were entitled when the Chicago & North Western Transportation Company violated the controlling agreement on June 12, 1990 at the Western Avenue Yard when the Carrier used other than Carmen to load freight car CGW 1136 onto a flat car in violation of Rules 30, 58, 60 and 76.


          2. Accordingly, Carmen R. Ponte and F. Kammermeyer are entitled to be compensated four (4) hours pay at the overtime rate of $21.12 per hour for a total of $84.48 each."


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 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.


.One of Carrier's Engineering Department cranes was used to hoist a gondola that was being scrapped onto a flatcar for disposal. Three members of the Carmen's craft performed the hookups and tie-downs. The instant claim was filed by two other Carmen who contended that they should have been used also. The Board does not agree. The work involved was not a derailment or wreck. It: was the removal of a car being scrapped. Adequate Carmen were on

Form 1 Award No. 12594
Page 2 Docket No. 12458
                                            93-2-91-2-268


duty at the scene and performed the work of the Carmen's craft. The claim is without merit.


                        A W A R D


      Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division


Attest: ~- X,

      Catherine Loughrin - I erim Secretary to the Board


Dated at Chicago, Illinois, this 13th day of October 1993.