It is the Board's determination that this claim is without merit. AWARD Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD ATTEST: Harry J. Sassaman Executive Secretary Dated at Chicago, Illinois, this 28th day of February, 1963. Docket No. 3862 2-IHB-CM-'63 NATIONAL RAILROAD ADJUSTMENT BOARD SECOND DIVISION The Second Division consisted of the regular members and in PARTIES TO DISPUTE: SYSTEM FEDERATION NO. 103, RAILWAY EMPLOYES' DEPARTMENT, A. F. of L.-C. I. O. (Carmen) INDIANA HARBOR BELT RAILROAD DISPUTE: CLAIM OF EMPLOYES: 1. That under the controlling agreement, the Carrier improperly transferred the work of coupling air hose and testing air in train yard at Blue Island, Illinois to Switchmen. 2. That the Carrier be ordered to restore such work to Carmen. 3. That furloughed Carman G. E. Mandelkow be compensated for 8 hours per day five days per week for all time lost retroactive to December 22, 1957 and all other carmen who have been affected by this move be compensated accordingly. EMPLOYES' STATEMENT OF FACTS: There is an agreement which reads as follows: "Agreement Indiana Harbor Belt Railroad Chicago River and Indiana Railroad and all that class of employes represented by 1. International Association of Machinists. 2. International Brotherhood of Boilermakers Iron Ship 3. International Brotherhood of Blacksmiths, Drop Forgers 4. Sheet Metal Workers International Association. 5. International Brotherhood of Electrical Workers. 6. Brotherhood Railway Carmen of America. It is understood that this agreement shall apply to those who perform the work specified in this agreement in the Maintenance of Equipment, Maintenance of Way, Signal Maintenance, Telegraph Maintenance, and all other Departments wherein work covered by this agreement is performed. There are three shifts of carmen (inspectors) employed in the Blue Island Yards, 7 A. M. to 3 P. M., 3 P. M. to 11 P.M., 11 P. M. to 7 A. M. On December 22, 1957, the carrier abolished the car inspector's position on the 3:00 P. M. to 11:00 P. M. shift and transferred this work to the switchmen. This consisted of coupling air hose and giving terminal air tests to trains originating and departing from the Old Yard. As result of this, Car Inspector G. E. Mandelkow was furloughed, and the switchmen have continued to do that work since that time except in a few instances carmen were sent from the repair track to do it. POSITION OF EMPLOYES: As far back as 1943 and since that time up to December 22, 1957 the carmen got paid every time that the switchmen or yard master or car foreman coupled air hose or tested air in the Blue Island territory. August, 1943, the Superintendent of Equipment sent the following letter to General Vice Chairman M. J. McGuiness: "Chicago, Ill., August 26, 1943 13.5 Mr. M. J. McGuiness, Vice Gen❜l Chairman Brotherhood Railway Carmen 15316 Parkgrove Avenue Cleveland, Ohio Dear Sir: In connection with our recent meeting here in Chicago at which time you presented the subject of train crews coupling up air on trains at Blue Island. This was our Norpaul train crews which we found were doing this work at Blue Island. For your information the Superintendent has issued positive instructions to all of his train crew operating out of that point that this practice must be discontinued at once. I personally feel that this is permanently eliminated and if you happen to see any individual operations the crew will be immediately disciplined by their superior officers. I believe this will correct any past condition that we have had at that point. Yours truly, /s/ W. L. Houghton On February 11, 1944 General Yard Master Bell coupled all hoses on a train leaving the yards, and Carman Holt made claim for 8 hours pay for same. This claim was allowed by General Car Foreman Dobbins as per his letter of March 7, 1944 which reads in part as follows: "At this meeting it was agreed by all concerned that the Management would allow 8 hours time where Yard Master performed work belonging to the Carmen's Organization." On March 25, 1944 Mr. E. H. Burwell, carman at Blue Island made claim for four hours pay account of train crew coupled the air hose on the 6:30 P. M. Pere Marquette delivery, Engine No. 260, 25 cars. This claim was allowed as per Mr. Dobbins General Car Foreman's letter dated September 11, 1944 which read in part as follows: "We will allow the four hours as requested by Mr. Burwell." On October 20, 1944 Messrs. Myers and Purnick, carmen at Blue Island, made claim for pay on account of train crew coupling hose on train B-A2 Engine 2348, 35 cars departed at 1:44 A. M. This claim was allowed and paid on December 25, by General Foreman L. W. Dobbins. July 6, 1944 Carman A. C. Holt made claim for pay for four hours account of train crew coupling air hose on nine (9) cars. Claim allowed by local car foreman. On January 28, 1945 claim for pay was made by the carmen on the Argo seniority roster (Argo is part of the Indiana Harbor Belt Railroad) on account of Car Foreman, Mr. Palerno, coupled air hose on trains, on January 19 and 26. This claim was allowed by the Superintendent of Equipment, and he sent the following letter to the local chairman of the carmen: "329 LaSalle Street Station Chicago 5, Ill., May 17, 1945 Mr. A. A. Amelung Local Chairman Brotherhood Railway Carmen 12637 Greenwood Avenue Blue Island, Ill. Dear Sir: Your letter April 24th, with further reference to claim in connection with Mr. Palerno having coupled air on January 19 and 26. You will recall at the meeting that it was understood that there would be a four hour allowance to Emil Esposito and four hours to Edward Mosankowski. For your information, these claims are allowed in the first half of May payroll. Yours truly, /s/ W. L. Houghton Supt. of Equipment Indiana Harbor Belt Railroad Co." On January 21, 1946, the following bulletin was posted in the Blue Island territory: "All Carmen Effective 7:00 A. M. January 22, 1946, Carmen will couple hose and make terminal air tests on all trains departing from the East and West Yards at Blue Island, Illinois. /s/ H. K. Cassel, Car Foreman" In 1945 a dispute arose in connection with foreign road trainmen coupling hose in the Blue Island territory. This dispute was also settled by the superintendent and the general vice chairman by conference and correspondence. Superintendent's letter to General Vice Chairman McGuiness and confirmation thereof as follows: "February 6, 1946 Mr. M. J. McGuiness Brotherhood Railway Carmen of America 15316 Parkgrove Avenue Cleveland 10, Ohio Dear Sir: To confirm our meeting here in Chicago this date in connection with statement of facts and claims pertaining to the operation at old Blue Island Yard and at LaGrange. I have hereby agreed that we will discontinue the practice at once and perform the work at both locations, namely Old Blue Island Yard and LaGrange, with I.H.B.R.R. Carmen forces. With this consideration we will therefore agree to withdraw the claims and statement of facts which are now in Mr. Mitchell's possession and comply with the agreement enacted here this A. M. It will require 30 days to abolish contracts which now exist with foreign roads, namely the Grant Trunk Western in Old Blue Island |