Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13336
Docket No. 13062-T
98-2-95-2-85
The Second Division consisted
of
the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(International Brotherhood
of
Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(Meridian & Bigbee Railroad Company
STATEMENT OF CLAIM:
"(1) That the Meridian & Bigbee Railroad Company improperly
assigned Carmen work to Agent Dutch Hannoh at Naheola Yard in
violation
of
the November 16,1989 Agreement, as amended and especially
Scope Rule - Article - VI, as amended, but not limited thereto.
(2) That accordingly, the Meridian & Bigbee Railroad Company
be ordered to pay Carmen W. J. Brown eight (8) hours at the straight time
rate."
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. 13336
Page 2 Docket No. 13062-T
98-2-95-2-85
As Third Party in Interest, the Transportation Communications International
Union and the Brotherhood Railway Carmen, Division of Transportation
Communications International Union were advised of the pendency of this dispute, but
they chose not to file a Submission with the Board.
In this case, the Organization contends that the Carrier Agent at Naheola,
Alabama, inspected four box cars. It claims that this work is reserved to the Machinist
Craft pursuant to Article VI of the November 16, 1989 Agreement as amended by
Appendix 1 of the October 5, 1993 Agreement. The Organization also maintains that
it has historically performed the claimed work.
The Board finds, as it did in Second Division Award 13335, that this is a dispute
between the same parties and that there is no evidence of probative value on which this
Board can decide the issue. Accordingly, the claim is dismissed.
AWARD
Claim dismissed.
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 24th day of November 1998.