Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13726
Docket No. 13627
03-2-01-2-32
The Second Division consisted of the regular members and in addition Referee
Margo R. Newman when award was rendered.
(Brotherhood Railway Carmen Division
(Transportation Communication International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
(1) The Springfield Terminal Railway Company violated the terms of
our current agreement, in particular Rule 2.1(a) and (b) when the
carrier ordered or otherwise assigned a supervisor to perform
work belonging to the carman craft at East Deerfield, MA on
December 28, 1999.
(2) That, accordingly, the Springfield Terminal Railway Company be
ordered to compensate Carman Ralph K. Barnes in the amount of
four (4) hours pay, at the overtime rate. This is the amount he
would have earned, if properly called."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 13726
Page 2 Docket No. 13627
03-2-01-2-32
The instant claim is one of four appealed by the Organization to protest the
Carrier's use of Trainmaster Mark Galvis to inspect freight cars on four separate dates
in the East Deerfield, Massachusetts, yard when Carmen were on duty and qualified
to perform this work. This claim seeks compensation for the Claimant for work
performed by Galvis on the morning of December 28, 1999, the Claimant's rest day.
With the exception of the identity of the Claimants, the specific freight trains in
issue, and the dates of the disputed work, this case is identical in all aspects, including
the correspondence on the property, to that decided by the Board in Second Division
Award 13724. We adopt the analysis and rationale of the Board set forth in that case
as applicable herein, and deny the instant claim for the reasons cited.
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 10th day of June 2003.