NATIONAL RAILROAD ADJUSTMENT BOARD


              SECOND DIVISION


The Second Division consisted of the regular members and in

addition Referee James P. Carey, Jr., when award was rendered.


PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES' DEPARTMENT, A. F. of L.-C. I. O. (Electrical Workers)


    THE ILLINOIS CENTRAL RAILROAD COMPANY


    DISPUTE: CLAIM OF EMPLOYES:


    That under the current agreement the Carrier improperly assigned other than electrical workers of the Maintenance of Equipment Department to repair light fixtures in the Stores Department, Burnside Shop. on October 23, 1956, thereby damaging electrical workers of the Maintenance of Equipment Department in the amount of twenty-four man hours of work and that, accordingly,


    The following regularly employed employes of the Carrier of the Maintenance of Equipment Department be compensated at the applicable time and one-half rate for each man hour worked which they were entitled to perform under the applicable rules of the current agreement:


        h;. M. Muehlenbein ZV. S. McLaren


EMPLOYES' STATEMENT OF FACTS: The carrier assigned Maintenance of Way electricians covered by the Section B Agreement to perform electrical work inside of buildings on the grounds at Burnside Shops, Chicago, 111. This work was done on light fixtures in the stores department.

 Claimant employes of the Maintenance of Equipment Department are employed by the carrier and hold seniority as such.

 The dispute was handled with carrier officials designated to handle such affair: who all declined to adjust same.

 The agreement effective April 1, 1935, as subsequently amended, is controlling.

                  [6647

3275-11 674

    Subscribed and sworn to before me at Chicago, Illinois, this 26th day of December, 1957.


                      /s/ Narcie J. Sedlacek

                            Notary Public


    10813 South Vernon Avenue


      My Commission expires September 7, 1960."


                      "Chicago, Illinois

                      December 26th, 1957


    "Mr. R. E. Lorentz Manager of Personnel


    As Superintendent Communication and Electrical Engineer I have general supervision and jurisdiction over electrical construction, installation, and maintenance on fixed property on the Illinois Central Railroad, and in the performance of this responsibility I report to the Engineer Maintenance of Way.


    On or about October 23, 1956, electricians of the Maintenance of Way and Structures Department performed maintenance to light fixtures in the Storehouse at Burnside Shops. Such maintenance work is the responsibility of and under the jurisdiction and supervision of the Maintenance of Way and Structures Department.


                /s/ P. B. Burley

                    Superintendent Communication and Electrical Engineer


    SEAL


    Subscribed and sworn to before me at Chicago, Illinois, this 26th day of December, 1957.


                      /s/ Narcie J. Sedlacek

                            Notary Pubiic


    10813 South Vernon Avenue


      My Commission expires September 7, 1960."


The work here involved not being under the jurisdiction of the Maintenance of Equipment Department and, therefore, not a part of Seniority District No. 3, there is no basis for the claim, and it should be denied.


FINDINGS: The Second 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 employe within the meaning of the Railway Labor Act as approved June 21, 1934.

3275-12 675

 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 October 23, 1956, two electricians employed in the Maintenance of Way and Structures Department were assigned to make repairs to light fixtures in the Stores Department at Burnside Shops. Compensation at penalty rate for the time worked is claimed on behalf of two electricians in the Maintenance of Equipment Department.

 For the reasons stated in Award No. 3272, Docket No. 2843, the claim is sustained at pro rata rate.

                  AWARD


    Claim sustained in accordance with findings.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION


              ATTEST: Harry J. Sassaman

                  Executive Secretary


Dated at Chicago, Illinois, this 24th ,day of June 1959.