Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No.
13824
Docket No.
13713
05-2-03-2-58
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railway Carmen Division of TCU
PARTIES TO DISPUTE:
(The Delaware and Hudson Railway Company (Division
(of CP Rail System)
STATEMENT OF CLAIM:
"1. That the Delaware and Hudson Railway Company (Division of
CP Rail System) violated the terms of our current Agreement,
in particular Rules 43.2,
49.1
and
49.3,
when they allowed a
Utilityman to perform Carman duties at East Binghamton, NY
Yard.
2.
That, accordingly, the Delaware and Hudson Railway
Company be ordered to compensate the Carmen as provided in
this claim. This is the amount they would have earned had the
Carrier complied with our Agreement."
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 off 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. 13824
Page 2 Docket No. 13713
05-2-03-2-58
Parties to said dispute were given due notice of hearing thereon.
This dispute boils down to the Organization's assertion that non-scope
covered employees were assigned to apply certain end of train ("EOT") devices at
the Carrier's East Binghamton Yard. Application of these EOT devices is not
specifically reserved to scope covered employees by rule. Nor is there a showing by
the Organization that application of these EOT devices is performed by scope
covered employees exclusively on a system wide basis.
The Organization has not carried its burden. The claim shall therefore be
denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award ffavorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 1st day of April 2005.