Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13939
Docket No. 13829
NRAB-00002-070015
(07-2-15)
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood Railway Carmen Division (BRCD)
(Transportation-Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company (ST)
STATEMENT OF CLAIM:
"Claim of the Employees:
1. That the Springfield Terminal Railway Company violated the
terms of our current Agreement, in particular Rule 2 when they
failed to allow Carmen to perform work at Rigby Yard,
Portland, Maine after the Carrier abolished the Claimant's
position.
2. That, accordingly, the Springfield Terminal Railway Company
be required to compensate Carman Edward Fortier in the
amount of one (1) days pay for a Supervisor performing work of
a Carman."
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. 13939
Page 2 Docket No. 13829
NRAB-00002-070015
(07-2-15)
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 January 22, 2006 the Organization filed this claim. It alleges a Carrier
Officer performed carmen's duties on December 21, 2005 at Rigby Yard, Portland,
Maine.
The Carrier denies that its Officer performed any Carmen's work on the
claim date.
The Claimant is a furloughed Carman. Even if the Organization's position is
correct, the Claimant is not the proper claimant. The Organization has not shown
that furloughed employees are to be called for incidental overtime.
Regardless whether the Carrier's Officer did or did not perform Carmen's
work, the claim will be denied on the basis that the Claimant is improper.
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.
Form 1 Award No. 13939
Page 3 Docket No. 13829
NRAB-00002-070015
(07-2-15)
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 27th day of March 2008.