Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 1337!)
Docket No. 13257
99-2-97-2-25
The Second Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Delaware & 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) violated the terms of our current agreement, in particular
Rule 43.2, when on April 23, 1996, the Carrier assigned other than
carmen, the work of performing the mechanical inspection of air
brakes, the coupling of hoses and the air brake test of five (5) cars
on train BH-1 at Binghamton NY departure yard.
2. That accordingly, the Delaware and Hudson Railway Company be
ordered to compensate Carman David Colone in the amount of two
and seven tenths (2.7) hours at the overtime rate for the violation of
the current agreement. Furthermore, return this work to the
carman craft as provided for and set forth in our collective
agreement."
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. 1337'9
Page 2 Docket No. 1325'7
99-2-97-2-25
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The facts and applicable Rules in this case are essentially identical to Second
Division Award 12997 previously decided by the Board and involving the same Parties.
There is no material change in facts or circumstances in the instant case. Accordingly,
the Board reiterates its denial decision in the preceding case.
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 12th day of April 1999.