Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29137
THIRD DIVISION Docket No. CL-29396
92-3-90-3-329
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (formerly The Seaboard Coastline
Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10468) that:
1. Carrier violated the Agreement on November 16, 1985, when it
obtained the services of an outside party to perform duties assigned to the
craft covered under the Scope of the Agreement between BRAC and Carrier.
2. Carrier shall now compensate the Senior Qualified Available
Employe (unassigned or Guaranteed Extra Board in preference) eight (8) hours,
three (3) shifts per day, each and every day, seven (7) days per week, and
claim shall be on a continuous basis until claim is settled and work returned
to the rightful parties."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes 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.
Parties to said dispute waived right of appearance at hearing thereon.
The triggering event for this claim arose on November 16, 1985, when
the Carrier began using a taxi cab company to pick up and deliver train crews
between the crews' reporting point at the Carrier's Florence Yard ("FC") South
Carolina, and a motel located in Florence, South Carolina.
The Organization contends that its forces have always performed the
crew hauling duties at Florence Yard. The Carrier, on the other hand, maintains that the Clerks cont
never been performed by the Clerks and that, furthermore, such work was not
reserved exclusively to any craft. Therefore, on either count, the claim must
fail.
Form 1 Award
No.
29137
Page 2 Docket
No.
CL-29396
92-3-90-3-329
We find for the Organization in this matter. The evidence shows that
prior to November 16, 1985, the Carrier's employees at Florence Yard made
their own arrangements for transportation to and from the yard and their lodging facility. It also s
which belongs to the Clerks, as recognized by the Carrier. In addition, we
particularly note Carrier's Bulletin of November 2, 1985, its December 14,
1985 letter from the Terminal Manager to the Superintendent, and its letter of
December 26, 1985, from the Superintendent. We also find that Third Division
Award 28269 is on point with the essential facts and circumstances of this
dispute. Therefore, for all of the foregoing, we must sustain the claim at
issue here.
With respect to the damages, the record does not reveal the amount of
work involved, but clearly on its face, given that there are only six trains
involved and the short distances of travel each way, the claim is excessive.
We find that one hour per shift (pro _rata) would be a reasonable measure of
the loss sustained by the employees.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1992.