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:











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



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.







Form 1 Award No. 13103
Page 3 Doc6et No. 12909-T
97-2-94-2-70



This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.



                        Dated at Chicago, Illinois, this 7th day of March 1997.