Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12914
Docket No. 12791
95-2-93-2-148
The Second Division consisted of the regular members and in
addition Referee Robert Richter when award was rendered.
(Transportation Communications International
( Union-Carmen Division
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former
( Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
"l. That the Chesapeake and Ohio Railroad (sic) Company
(CSX Transportation, Inc.) (hereinafter "Carrier")
violated Rule 32 (a), 154 (a) and 179 1/2 of the Shop
Craft's Agreement, Article VI, of the 1986 Mediation
Agreement and CSXT Labor Agreement No. 16-48-92
Memorandum of Agreement between Transportation
Communications International Union -- Carman's Division
and Chesapeake and Ohio Railway Company (CSX
Transportation, Inc.) when on September 18, 1992 the
carrier assigned other than carmen work of performing air
brake tests on train no. 19217 with 45 cars that departed
from Richmond Terminal.
2. That accordingly, the carrier be ordered to pay
Carman D. E. Grissom, ID #628517, four (4) hours at the
applicable straight time rate in accordance with the
Shopcraft's Agreement, Rule 7(c) for said violation."
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 were given due notice of hearing
thereon.
Form 1 Award No. 12914
Page 2 Docket No. 12791
95-2-93-2-148
On September 18, 1992 Carrier was performing track work which
prevented Train No. 19217 from entering Acca Yard in the Richmond
Terminal. As a result the train crew was required to add a train
control engine and to perform an air brake test. As a result, this
claim was filed.
Both parties cite various Rules and Agreements, plus Awards to
support their positions. However, the Carrier admitted during the
Hearing before the Board that if it was not for the track work, the
train would have been pulled into Acca Yard and the disputed work
would have been done by Carmen. It also admitted that the work was
done by Carmen before the track work was started and after the
track work was completed.
Based on the particular facts of this case, the Board finds
that the Carrier violated the Agreement. On the other hand, the
Board agrees with the Carrier that the monetary remedy requested is
excessive. The Organization has not established how long the work
actually took. Accordingly, we will award the Claimant one hour at
the applicable straight time rate of pay.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an Award favorable to the Claimant(s) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 16th day of August 1995.