Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13307
Docket No. 13111
98-2-96-2-7
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:
(CSX Transportation, Inc. (former Louisville and
( Nashville Railroad Company)
STATEMENT OF CLAIM:
"1. That the Louisville and Nashville Railroad Company, (now a part
of CSX Transportation) violated the contractual rights under Rules
29, 30 and 104 of furloughed Loyall, KY Carmen T.G. Tolliver,
S.D. Wood, and D.D. Stephens, when on August 25 and 27, 1992,
and September 1, 2, 5, 15, 21, and 28, 1992, Carrier sent carmen
from Corbin, KY seniority point to claimants Loyall, KY seniority
point to inspect, make repairs, and close hopper doors on coal
hopper cars at Loyall, KY.
2. Carrier should now be ordered to compensate furloughed Loyall,
KY Carmen T.G. Tolliver for 8 hours overtime on August 25, 1992,
8 hours overtime on September 1, 1992, 7 1/2 hours overtime on
September 5, 1992 and 7 hours overtime on September 21, 1992;
S.D. Wood for 5 hours overtime on August 27, 1992, 6 1/2 hours
overtime on September 2, 1992, and 7 1/2 hours overtime on
September 15, 1992; and D.D. Stephens for 3 1/2 hours overtime on
August 27, 1992, 9 1/2 hours overtime on September 1, 1992, and 8
hours overtime on September 28, 1992."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence. finds that:
Form 1 Award No. 13307
Page 2 Docket No. 13111
98-2-96-2-7
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.
In August 1992, the Claimants were employed as Carmen at the Carrier's Loyall,
Kentucky, facility. At the end of that month, they were furloughed because of a decline
in the Carrier's business. However, the Claimants were provided the opportunity to
transfer to Corbin, Kentucky, one of the Carrier's large transportation facilities. (It
deserves to be noted here that Loyall is a very small transportation yard which had only
one Carman working subsequent to August 1992.)
The claims at issue occurred because on eight dates in August and September, the
Claimants were required to perform work at Loyall. The dispute is whether the Carrier
was contractually required to use Corbin Carmen (who had been furloughed from
Loyall and held Loyall seniority) before sending Corbin Carmen (who held no Loyall
seniority to work at Loyally.
As best as we can ascertain from the record, approximately 6.1 man-hours of work.
was performed over a 33-day period. While the record is not sufficiently conclusive as
to the exact nature of the work performed (whether it was closing hopper doors or
routine car inspecting and repair work) we find that the work which was performed was,
insufficient to justify recalling Carmen from furlough. (See Second Division Award
131021.
AWARD
Claim denied.
Form 1 Award No. 13307
Page 3 Docket No. 13111
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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 6th day of August 1998.