Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12769
Docket No. 12599
94-2-92-2-151
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Railway Carmen
( Division TCIU
PARTIES TO DISPUTE:
(Norfolk Southern Railway Company
STATEMENT OF CLAIM:
"1. That the Norfolk Southern Railroad Company and/or
its Corporate Parent the Norfolk Southern Corporation
violated the terms and conditions of the current
agreement on January 6, 1992 when Engineer Siltz on
Engine No. 75 and Switch Foreman T. T. Deitsch, on Job
KL-07, were instructed by Car Foreman R. L. Hieatt to
inspect, couple the air hoses, and give an initial'
terminal air brake test to an eleven (11) car train going
to the PAL Railroad from the L. S. Junction.
2. That accordingly, the Norfolk Southern Railroad
Company and/or its Parent, the Norfolk Southern
Corporation, not be ordered to proved the following
relief to Carman K. C., Tipton: Pay for a five (5) hour
call at the pro rata rate of pay."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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 hear:_ng
thereon.
Form 1 Award No. 12769
Page 2 Docket No. 12599
94-2-92-2-151
The organization claims that Carrier utilized a switch crew to
couple air hoses and give an initial terminal air brake test on
eleven cars being delivered to a connecting carrier, at Louisville,
KY. The total length of the move from the location where the work
was alleged to have been done to the location of the connecting
carrier is less than 3000 feet. For the Organization to prevail it
is necessary that it demonstrate that several elements are present,
among them that Carman were employed and on duty in a departure
yard at the time of the occurrence. The Organization has not
demonstrated that Carmen were employed and on duty in Carrier's
Yard. Accordingly, a key element of its claim is missing. The
Board has no alternative but to dismiss the claim on this basis.
AWARD
Claim dismissed.
O R D E R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant (s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 17th day of November 1994.