Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13196
Docket No. 13118
98-2-96-2-22
The Second Division consisted
of
the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company, Inc.
STATEMENT OF CLAIM:
"Claim of the Committee
of
the Union that:
1. That the Delaware and Hudson Railway Company, (Division
of CP
Rail System) hereinafter 'Carrier' violated the labor agreement
when they allowed employees from Consolidated Railcar
Maintenance Company to perform Carman's duties on our repair
track at Buffalo, NY yard, from October 17, 1994 to and including
November 11, 1994.
2. That, accordingly, the Delaware and Hudson Railway Company be
ordered to compensate furloughed Carmen James P. Young and
James V. Austin, a total
of
twenty-five (25) days, nine (9) hours each
day, at the rate
of
515.51 per hour for a total
of
53489.75 each.
William E. Barcomb, Kenneth Brelia and Albert J. Barcomb twenty
(20) days, nine (9) hours each day, at the rate
of
515.51 per hour for
a total
of
52791.80 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 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.
Form 1 Award No. 13196
Page 2 Docket No. 13118
98-2-96-2-22
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
This is a dispute about work performed by employees
of
the Consolidated Railcar
Maintenance Company during the period of October 17 to November 11, 1994. The
Organization asserts a violation of Rule 43.2, the Classification
of
Work Rule, as well
as Rules 22.2 and 22.10, which address seniority.
The undisputed facts show that the work at issue was performed on DH 12000
series covered hoppers. The Carrier's lease
of
these hoppers terminated on April 30,
1994. The owner
of
the hoppers was Norail. Norail selected the Consolidated Railcar
Maintenance Company to perform the work.
The Organization, however, claimed that the Carrier permitted the employees
of
Consolidated Railcar Maintenance Company to perform the repair work on the
Carrier's property. Accordingly, it argues, because the track on which the hoppers were
repaired belongs to the Carrier, the work is covered under the collective bargaining
Agreement between the parties.
The facts as we find them from the record developed on the property show that
the Carrier leases 820 feet of the Eastbound Main Track at Buffalo, New York, from
Conrail. It is this 820 feet of track which the Carrier uses when its employees make
repairs on railcars. The hopper cars were not on the track that the Carrier leases.
Numerous Awards emanating from this Board as well as Public Law Boards have
consistently held that Classification
of
Work Rules and/or Scope Rules apply only to
work under the control of the Carrier. Among many Awards, see Second Division
Awards 11574, 10980, and 8053. The Organization, on the property, did not provide any
Awards to counter these holdings.
In summary, we concur with the reasoning
of
the Awards cited above which have
addressed the same issue. Therefore, the claim must be denied.
Form 1 Award No. 13196
Page 3 Docket No. 13118
98-2-96-2-22
AWARD
Claim denied.
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 l lth day
of
February 1998.