NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12594
Docket No. 12458
93-2-91-2-268
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.