Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13788
Docket No. 13672
03-2-02-2-33
The Second Division consisted of the regular members and in addition Referee
Don A. Hampton 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:
The Springfield Terminal Railway Company violated the terms of
our current agreement, in particular Rules 2 and 30 when they
arbitrarily allowed a supervisor to perform work on a derailment
with one other employee. The carrier failed to call James A. Real, a
regularly assigned wreck crew member, to perform work on this
derailment.
That, accordingly, the Springfield Terminal Railway Company be
ordered to compensate Carman James A. Real in the amount of
eight (8) hours pay at the overtime rate. This is the amount he 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.
Form 1 Award No. 13788
Page 2 Docket No. 13672
03-2-02-2-33
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
On August 14, 2001 the Carrier assigned a Carman to load Road Truck 3411
and depart for Bucksport, Maine, for work on a derailment. The Organization
contends that at the derailment site a manager, ". . . assisted in building the support
under this car, as well as other carman duties." The Organization further contends
that the manager by performing these tasks violated the Controlling Agreement, in
particular Rules 2 and 30 which read in pertinent parts as follows:
"Rule 2.1 Employees qualified under the provisions of this
agreement to perform the following will be classed as Carmen:
(m) perform re-railing and wrecking;
(q) other work generally recognized as Carman's
work.
Rule 30.1 Wreck crews will be composed of Carmen...
Rule 30.2 The regularly assigned wreck crew will be comprised
of...l operator and 2 grounds men for company owned
mobile wreck cranes.
Rule 30.4 Wrecking crews will be selected by mutual agreement
between the Local Supervisor and the Local Committee
at the point employed . . . ."
The Organization concludes that the record substantiates that the manager
completed tasks reserved by Agreement to Carmen. The Claimant also should have
been dispatched with Road Truck 3411 and is entitled to eight hours pay at the
overtime rate.
Form 1 Award No. 13788
Page 3 Docket No. 13672
03-2-02-2-33
The Carrier argues that the work performed by the supervisor was minimal,
he assisted, and the same type of work is performed by supervisors at almost every
derailment.
While we are mindful of the Organization's concerns regarding bargaining
unit work, we must be furnished more details to sustain a claim. The record does
not contain the prerequisite specifics, i.e., exact Carman duties performed by the
supervisor; the amount of time involved in performing those duties; and examples of
past practice on this property.
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 11th day of March 2004.