Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 14015
Docket No. 1389?
10-2-NRAB-00002-090010
The Second Division consisted of the regular members and in addition Referee
William R. Miller when award was rendered.
(Brotherhood Railway Carmen Division of TCIU
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the Employees':
1. That the Springfield Terminal Railway Company violated the
terms of our current Agreement, in particular Rule 2.1, when
the Carrier arbitrarily sent a Supervisor (Troy Witham) with
the Road Truck (1461) from Rigby to Waterville, ME.
2. That, accordingly, the Springfield Terminal Railway Company
be required to compensate Carman Richard Nickless in the
amount of one and one-half (1 1/2) hours at the straight time
rate of pay from Rigby to Waterville, ME. This is the amount he
would have earned had the Carrier not violated the 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 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. 14015
Page 2 Docket No. 1389?
10-2-N RA B-00002-090010
Parties to said dispute were given due notice of hearing thereon.
It is the Organization's position that the Carrier required Supervisor T.
Witham to drive a company truck from Rigby, Maine, to Waterville, Maine on
October 17, 2007. It contends that BRC-represented employees have the exclusive
right to operate highway equipment in accordance with the Classification of Work
Rule and, because of that it requested that the claim be sustained.
It is the position of the Carrier that it did not violate the Agreement. It
argued that company vehicles are driven by management employees and various
craft employees throughout its system for many different reasons. In this instance,
Supervisor Witham, who holds a Class B Maine driver's license, was qualified and
available to shuttle the truck in dispute from Rigby to Waterville. The operation of
company vehicles for the aforementioned purpose has been done regularly over the
years, without any Organization claiming it as "their" work. Additionally, the same
management employee has driven company vehicles with Carmen as passengers
with no complaint from the Organization. It concluded by requesting that the claim
remain denied.
The Board thoroughly reviewed the record and determined that the truck in
question was driven to its newly assigned location and was not used in the
commission of Carmen's work; in fact no work was performed with the truck. The
Organization never refuted the fact that the truck was not used to perform any
Carmen's work, nor has it offered any evidence that the moving and/or driving of
company vehicles exclusively belongs to BRC-represented employees. The Board
finds and holds that the Organization failed to meet its burden to prove that the
Agreement was violated and, therefore, the instant claim must be denied.
AWARD
Claim denied.
Form 1 Award No. 14015
Page 3 Docket No. 1389?
10-2-NRAB-00002-090010
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 14th day of January 2410.