Upon a routine physical examination in 1956, claimant, a Classified Laborer then working as a Machinist Helper, was found to be color blind, which did not disqualify him for that service, or other service to which classified laborers were entitled, including that of Inside Hostler Helper. In 1958 a supervisor unaware of his eyesight deficiency, approved his application for outside Hostler Helper, a position whose rates of pay are covered by the agreement between Carrier and the Brotherhood of Locomotive Firemen and Enginemen, although for other purposes he remained under the Agreement with the Firemen & Oilers Organization. In 1960 another routine four-year examination again showed his colorblindness because of his failer to identify nine of the sixteen color plates used in the eye tests. The position of outside Hostler Helper involves engine travel with a Hostler over several miles of main line track at Spokane, involving colored signal lights to control engine movements, and including an interlocking plant and crossing of another carrier. He was therefore approved only for work in which recognition of colors was not required, and was accordingly removed from his assignment as outside Hostler Helper, although he is still a Classified Laborer, whose scope of work includes that of Inside Hostler Helper. The initial ground urged for claimant's restoration to his former position was that only one outside Hostler Helper was needed for main line movements at any one time, that the other outside Hostler Helper could be used for that purpose, and that claimant could be limited to the shop tracks. The claim was denied upon the ground that it was impractical to handle the work on that basis, with two separate classifications for the two outside Hostler Helpers, one of whom could go out on main line tracks and the other could not. Later in the handling on the property claimant's color-blindness was contested, and the proposal was made for examinations by three doctors "to determine if Mr. Davis is actually color-blind." After rejection of this proposal claimant obtained an examination by an optometrist who certified: "Mr. Kenneth Davis is color deficient particularly in the red. He has some trouble with mixed colors but not too much with single saturated colors." As noted above, the carrier's examination found claimant unable to identify nine out of sixteen colors, without stating which nine they were. As the optometrist employed by claimant showed that he was "color deficient particularly in the red," which is the danger signal and certainly the most important color for safety in main line operations, the claim cannot be sustained. AWARD Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD ATTEST: Harry J. Sassaman Executive Secretary Dated at Chicago, Illinois, this 6th day of February, 1963. Docket No. 4332 2-PRR-MA-'63 NATIONAL RAILROAD ADJUSTMENT BOARD SECOND DIVISION PARTIES TO DISPUTE: SYSTEM FEDERATION NO. 152, RAILWAY EMPLOYES' THE PENNSYLVANIA RAILROAD COMPANY DISPUTE: CLAIM OF EMPLOYES: 1. That the Carrier violated Article X of the Scope of the Agreement signed in Philadelphia, Pennsylvania, September 12, 1960, effective October 15, 1960, when it assigned Carman Craft employes to dismantle and assemble hoists at Samuel Rea Shop, on February 21, 1961. 2. That the Carrier be ordered to compensate C. M. Brown, A. N. Moist, J. E. Clossin and C. L. McCreary, Machinists, each eight (8) hours Grade "C" rate of pay for February 21, 1961, account of not being permitted to perform the work mentioned above. STATEMENT: The above question was submitted to the Second Division of the National Railroad Adjustment Board by the above referred to organization in ex parte form. Parties to said dispute were given due notice of hearing thereon, and the Division is now in receipt of a request from the Employes that the case be withdrawn. AWARD Claim dismissed. NATIONAL RAILROAD ADJUSTMENT BOARD ATTEST: Harry J. Sassaman Executive Secretary Dated at Chicago, Illinois, this 21st day of February, 1963. Docket No. 4331 2-PRR-MA-'63 NATIONAL RAILROAD ADJUSTMENT BOARD SECOND DIVISION PARTIES TO DISPUTE: SYSTEM FEDERATION NO. 152, RAILWAY EMPLOYES' DEPARTMENT, A. F. of L.-C. I. O. (Machinists) THE PENNSYLVANIA RAILROAD COMPANY DISPUTE: CLAIM OF EMPLOYES: 1. That the Carrier violated the provisions of the controlling Agreement when it displaced the Maintenance Machinists who were working on Gantry Crane MR 6375 and assigned two Carmen and one Carman Welder to repair the above mentioned crane. 2. That, accordingly, the Carrier be ordered to compensate Machinists J. F. Aungst and V. H. Larson, four (4) hours each at time and one half Grade "C" rate of pay and Grade "E" rate of pay at straight time rate for J. DiSabato for April 5, 1961. STATEMENT: The above question was submitted to the Second Division of the National Railroad Adjustment Board by the above referred to organization in ex parte form. Parties to said dispute were given due notice of hearing thereon, and the Division is now in receipt of a request from the Employes that the case be withdrawn. Claim dismissed. AWARD NATIONAL RAILROAD ADJUSTMENT BOARD ATTEST: Harry J. Sassaman Executive Secretary Dated at Chicago, Illinois, this 25th day of February, 1963. Docket No. 3820 2-KCT-CM-63 NATIONAL RAILROAD ADJUSTMENT BOARD SECOND DIVISION The Second Division consisted of the regular members and in PARTIES TO DISPUTE: SYSTEM FEDERATION NO. 38, RAILWAY EMPLOYES' KANSAS CITY TERMINAL RAILWAY COMPANY DISPUTE: CLAIM OF EMPLOYES: 1. That under the current agreement car repair work at Kansas City, Missouri Car Department performed by carmen in connection with maintenance of equipment was improperly transferred from the Kansas City Terminal Railway Carmen to three (3) Atchison, Topeka and Santa Fe Railway Company employes in the Kansas City Terminal train yards September 13, 1959. 2. That accordingly the Carrier be ordered to compensate Carmen J. S. Wolverton, J. H. Klempnaur, and F. J. McLaren for eight (8) hours each at the applicable overtime rate of pay for September 13, 1959. EMPLOYES' STATEMENT OF FACTS: The Atchison, Topeka and Santa Fe Railway Company uses the Kansas City Terminal Railway Company passenger station for their passenger service and the Kansas City Terminal Railway Company train yards for their freight service. The Kansas City Terminal Railway Company yard switch crew perform the switching and the carmen perform the inspection of the trains and perform repair work on cars that need repairs which arrive and depart in the Atchison, Topeka and Santa Fe Railway Company trains at Kansas City, Missouri. On September 13, 1959, Atchison, Topeka and Santa Fe Railway freight trains 2ND, No. 39, while moving through Kansas City Terminal Railway Company train yard pulled a drawbar from the "B" end of freight car Central of Georgia No. 5008 which was sixty-five (65) cars from the rear of the train, causing the train to pull apart. Three (3) Atchison, Topeka and Santa Fe Railway Company carmen were brought from Argentine, Kansas, and they performed the work of chaining the Centrol of Georgia freight car No. 5008 to the next car in order to pull it out of the train. This work was performed by the Atchison, Topeka and Santa Fe Railroad car force on this train in the Kansas City Terminal Railroad yard where there are carmen and helpers employed and assigned and on duty around the clock in the repair track and train yard. POSITION OF EMPLOYES: It is submitted, as disclosed in the foregoing statement of facts, that the carrier arbitrarily arranged and permitted the Atchison, Topeka and Santa Fe Railway Company to transport their car department employes to Kansas City, Missouri to perform the carmen's work on freight train, in the Kansas City Terminal train yard as Kansas City, Missouri, where Kansas City Terminal Railway Company carmen are employed at Kansas City, Missouri. The employes take the position that under the current agreement between the Kansas City Terminal Railway Company and System Federation No. 38, Railway Employes' Department, gives the employes who come under that agreement contractual rights to perform all work in the crafts of which the agreement covers. On page 1 of the current agreement the following in pertinent part is found: "Agreement between Kansas City Terminal Railway Company and System Federation No. 38 Railway Employes' Department 6. Brotherhood Railway Carmen of America On page 3, the agreement provides in part the following: "These rules shall govern the hours of service and working conditions of employes in the following departments, crafts and classes: Car Department Carmen, Second Class The claimants under the agreement, as set forth in the foregoing have seniority rights to perform the work on the property of the Kansas City Terminal Railway Company of which the train yard is part, covered in Rule 71, which reads as follows: "Classification of Work Carmen's work, including regular and helper apprentices, shall consist of building, maintaining, dismantling (except all-wood freighttrain cars), painting, upholstering and inspecting all passenger and |