Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13423
Docket No. 13306
99-2-97-2-79
The Second Division consisted of the regular members and in addition Referee
Edward L. Suntrup when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake &
( 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, when on June 2,
1996 the Carrier allowed and/or permitted other than Carmen at
Huntington, West Virginia to repair draft system.
2. Accordingly, the Carrier be instructed to compensate Carmen K. L.
Tschop ID #625026 and B. H. Fortner ID #102313, eight hours pay each
at Carman's rate and one half for the 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. 13423
Page 2 Docket No. 13306
99-2-97-2-79
Parties to said dispute were given due notice of hearing thereon.
On July 26, 1996 a claim was filed on behalf of the two Claimants by the
Organization on grounds that the Carrier had violated Rule 154 of the Agreement when
it permitted employees other than Carmen to remove the cut levers and bail, coupler,
draft gear and draft gear pocket from Locomotive 1103 on June 2, 1996. According to
the claim the alleged infraction of the Rule took place at the Huntington Locomotive
Shop in Huntington, West Virginia. The claim was denied by the Plant Manager on
grounds that two members of the Boilermaker and Blacksmith's craft were assigned to
remove components from the locomotive "...due to heavy impact damage to the rear of
the locomotive..." and that this removal of what was tantamount to scrap represented
no violation of the Carmen's Agreement. Absent settlement of this claim on the property
it was docketed before the Board for final adjudication.
The position of the Carrier is that the instant dispute before the Board involves
a jurisdictional dispute. The Board observes that Supplement No. 6 of the Agreement,
which involves all Shop Crafts, including the Carmen and the Boilermakers and
Blacksmiths, provides procedures for handling alleged jurisdictional disputes prior to
their being taken up with management. Supplement No. 6 - Procedure for Handling
Jurisdictional Disputes reads, in relevant part, as follows:
...in the event of a jurisdictional dispute between the crafts ...this dispute
must be taken up between the crafts involved before such dispute is
handled with Management ...."
There is no evidence in the record that the procedures of Supplement No. 6 were
followed by the Organization prior to the filing of its claim on July 26,1996. The Second
Division issued Award 11473 on this property in 1988, involving the Carmen and the
Sheet Metal Workers International Association, both of which are signatory parties to
Supplement No. 6, which is on point with the instant case. In that Award the Board
stated:
"In this case, the record does not indicate that there was any handling of
the matter between the General Chairman of the two Organizations.
Therefore, since provisions of Supplement No. 6 were not complied with by
the Organization, this claim will be dismissed in accordance with our usual
procedure."
Form 1 Award No. 13423
Page 3 Docket No. 13306
99-2-97-2-79
See also Second Division Awards 7296 and 11229. On basis of the record before it the
Board rules that the claim must be 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 16th day of June 1999.