Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13415
Docket No. 13228-T
99-2-96-2-140
The Second Division consisted
of
the regular members and in addition Referee
Margo R. Newman when award was rendered.
(Brotherhood Railway Carmen, Division
of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake and
( Ohio Railway Company)
STATEMENT OF CLAIM:
"Claim
of
the Committee
of
the Union that:
1. That the Chesapeake and Ohio Railroad Company (CSX
Transportation, Inc., (hereinafter referred to as `carrier') violated
the controlling Shop Crafts Agreement specifically Rule 154 (a) and
(b) when the carrier assigned boilermakers to perform work
exclusively reserved to the carman craft.
2. Accordingly, the Carrier be instructed to pay carman D.K. Ramey,
ID #94419, (hereinafter referred to as `claimant') four hours at the
applicable carman straight time rate for said violation."
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 1 Award No. 13415
Page 2 Docket No. 13228-T
99-2-96-2-140
Parties to said dispute were given due notice of hearing thereon.
As Third Party in Interest, the International Brotherhood of Boilermakers and
Blacksmiths was advised of the pendency of this dispute, but it chose not to file a
Submission with the Board.
This claim protests the Carrier's October 15, 1995 assignment of a Boilermaker
to weld the coupler pocket to the face plate on Locomotive 6232 at the Huntington
Locomotive Shop. The record reflects that the assignment was for a period of between
two and four hours and that an electric arc welder was used to perform the job.
The Organization contends that the work in issue is reserved to its members
under Rule 154 (a) and (b) and that the Incidental Work Rule is not applicable to the
facts in this case. The Carrier argues that it was a permissible work assignment under
the Incidental Work Rule because the welding work was incidental to the repair of the
face plate, was a simple task that took less than two hours to perform, and that the
Organization's failure to request a time study precludes the Board from considering the
merits of the claim.
The same arguments were made by the parties and considered by the Board in
Second Division Award 13413. We adopt the same rationale as applicable herein and
find it dispositive of this case.
Accordingly, we sustain the claim and direct that the Claimant be compensated
four hours for the lost work opportunity on October 15,1995 at his pro rata rate of pay.
AWARD
Claim sustained.
Form 1 Award No. 13415
Page 3 Docket No. 13228-T
99-2-96-2-140
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Second Division
Dated at Chicago, Illinois, this 16th day
of
June 1999.