Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13521
Docket No. 13385
00-2-98-2-73
The Second Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood Railway Carmen Division
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Grand Trunk Western Railroad Incorporated
STATEMENT OF CLAIM:
"Claim
of
the Committee
of
the Union that:
1. That the Grand Trunk Western Railroad Company/CN violated the
terms and conditions
of
the current Agreement on May 9, 1997
when they assigned a Carman from another Seniority Point to assist
in inspection and write-up
of
certain freight cars at Flat Rock, MI.
2. That accordingly, the Grand Trunk Western Railroad
Company/CN now be order to provide the following relief.
That Carman Alvin Shearer be compensated for eight (8)
hours pay at the overtime rate
of
pay, time and one half, for
this violation. This would amount to the sum
of
$210.44."
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. 13521.
Page 2 Docket No. 13385
00-2-98-2-73
Parties to said dispute were given due notice of hearing thereon.
The Claimant is employed at Flat Rock, Michigan, as a Freight Car
Inspector/Repairer. The Organization states that a Carman from another seniority
district (Battle Creek) was directed to "inspect coil steel cars for repairs needed, writing
up defects for repairs and the inventory of parts on hand for said repairs." The
Organization argues that such work should have been performed by the Claimant rather
than by an employee holding no seniority at Flat Rock.
The Carrier states, without contradiction, that these cars had previously been
inspected and bad ordered by Flat Rock Carmen; that the heavy repair required is
performed at Battle Creek and not Flat Rock; and that the purpose of the Battle Creek
employee's assignment was limited to "inspecting the cars a second time in order to
determine the type and amount of material needed to be ordered to repair the cars at
Battle Creek." The cars were to be moved to Battle Creek for this heavy repair work.
The Board finds that the inspection work regularly performed by Flat Rock
employees was not preempted by an employee not holding seniority at Flat Rock. The
record is clear that the work involved was directly connected with the repairs to be
performed at Battle Creek. It is undisputed that this heavy repair is not performed at
Flat Rock.
Under these circumstances, the Board concludes that the determination
of
materials required for the repair work did not deprive Flat Rock employees
of
work to
which their seniority entitled them. Thus, the claim is without merit.
AWARD
Claim denied.
Form 1 Award No. 13521
Page 3 Docket No. 13385
00-2-98-2-73
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 27th day of July, 2000.