Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13708
Docket No. 13567
03-2-00-2-48
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railway Carmen Division
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. That the Springfield Terminal Railway Company violated the terms
of our current agreement, in particular Rule 2 when they
arbitrarily assigned employees of other crafts and strangers to our
agreement to perform work historically and contractually
recognized as Carman's work.
2. That according, the Springfield Terminal Railway Company be
ordered to compensate William M. Dostie and Richard A. Dixon in
the amount of eight (8) hours pay at the overtime rate. This is the
amount of compensation they would have earned had the carrier
properly assigned this work."
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. 13708
Page 2 Docket No. 13567
03-2-00-2-48
Parties to said dispute were given due notice of hearing thereon.
In June 1999, a Machinist and a Sheet Metal Worker were utilized by the Carrier
to remove and replace a broken window and casing on a business car. Claim was filed
by the Organization under Rule 2.1(c) asserting that Carmen were contractually entitled
to "remove and replace defective components" and perform "other work generally
recognized as carmen's work."
The Agreement does not exclusively reserve the disputed work to Carmen.
Further, based on statements provided by the Carrier, the record shows that since at
least 1993, employees in crafts other than the Carmen have performed this work.
Based on the above, the Organization has not shown that the disputed work is
exclusively reserved to the Carmen by rule or practice.
The claim will therefore be denied.'
AWARD
Claim denied.
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 28th day of February 2003.