Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No.
13773
Docket No.
13603
03-2-01-2-3
The Second Division consisted of the regular members and in addition Referee
Margo R. Newman when award was rendered.
(Brotherhood 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) The Springfield Terminal Railway Company violated the terms
of our current agreement, in particular Rule
2
when they
arbitrarily allowed strangers to the agreement to repair freight
cars in Rigby Yard, South Portland, ME.
(2)
That, accordingly, the Springfield Terminal Railway Company
be ordered to compensate Carman Mark C. Derocher in the
amount of one (1) hour pay, at the overtime rate."
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. 13773
Page 2 Docket No. 13603
03-2-01-2-3
Parties to said dispute were given due notice of hearing thereon.
The instant claim, filed on December 15, 1999, alleges a violation of the
Classification of Work Rule by the Carrier's permitting other than Carmen to weld
on the side door of one boxcar owned by GE Railcar in Carrier's Rigby Yard on
October 21, 1999, work which the Organization contends is reserved to Carmen by
Agreement language.
This claim raises the issue of whether the Carrier retained sufficient control
over the contracting and disputed work solely by permitting it to be performed on a
cleanout track on its property so as to find the work covered by the Classification of
Work Rule in the Agreement. Except as to date and number of the Claimants, this
dispute is identical in facts and on property processing to that reviewed by the
Board in Second Division Award 13771, and, for the reasons set forth therein, the
Board reaches the same conclusion.
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 24th day of October 2003.