Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13103
Docket No. 12909-T
97-2-94-2-70
The Second Division consisted of the regular members and in addition Referee
Robert M. O'Brien when award was rendered.
(Brotherhood of Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:(
(CSX Transportation, Inc. (former Baltimore and
( Ohio Railroad Company)
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. That the Carrier violated Rule 138; of the controlling Agreement as
revised and reprinted January 1, 1980, on February 11, 1992 when
Carmen's Classification of work was performed by a Machinist
Helper.
2. That the Carrier be ordered to pay Carman J.P. Coffman the
amount of two (2) hours and forty (40) minutes call time."
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.
Form I Award No. 13103
Page 2 Docket No. 12909-T
97-2-94-2-70
Parties to said dispute were given due notice of hearing thereon.
As Third Party in Interest, the International Association of Machinists and
Aerospace Workers was advised of the pendency of this dispute and chose to file a
Submission with the Board.
On February 11, 1992, Carman Hamilton was instructed to repair a cab seat on
Locomotive 8441 at the Carrier's Cumberland, Maryland, Locomotive Shop. A
Machinist Helper was assigned to assist Carman Hamilton in effecting this repair. The
Organization contends that Rule 138 of the Agreement was violated when a Machinist
Helper was assigned to assist Carman Hamilton rather than another Carman. It
submitted a claim for two hours and 40 minutes on behalf of the Carman who allegedly
should have been called to assist Carman Hamilton with repairing the locomotive cab
seat.
It is instructive to note the Rule 138 does not expressly reserve the
aforementioned work performed by a Machinist Helper at the Cumberland Locomotive
Shop to Carmen. Nor is there any evidence that Carmen on this property have
exclusively performed this work by custom, practice or tradition. Moreover, all the
Machinist Helper did was assist Carman Hamilton lift the cab seat from the trunnion
and set another cab seat back on. It took approximately 10 minutes for the Machinist
Helper to complete this assignment. Thus, even if this work was exclusively reserved to
the Carmen's craft it was so de minimis that a Carman would not have been called to
perform it.
For all these reasons, the claim must be denied.
AWARD
Claim denied.
Form 1 Award No. 13103
Page 3 Doc6et No. 12909-T
97-2-94-2-70
ORDER
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 7th day of March 1997.