The Second Division consisted of the regular members and in
addition Referee Mortimer Stone when award was rendered.
DISPUTE: CLAIM OF EMPLOYES: 1. That the current agreement was violated and Electrician O. L. Lockett was unjustly treated when a motor car repairman of the Maintenance of Way Department was assigned to service a defective electric generator on a tie tamper machine at Wheatcroft, Kentucky, on July 21, 1958.
2. That accordingly the Carrier be ordered to compensate Electrican O. L. Lockett at the pro rata rate of pay for eight (8) hours for July 21, 1958.
EMPLOYES' STATEMENT OF FACTS: O. L. Lockett, hereinafter referred to as the claimant, is employed as an electrican by the Illinois Central Railroad, hereinafter referred to as the carrier, and is assigned on the Kentucky and Mississippi Division.
On July 21, 1958, the carrier encountered trouble with tie tamper generator #7487, located at Wheatcroft, Kentucky, due to grounded coils caused by moisture. An employe of the Maintenance of Way Department, employed as a "Motor Car Repairman" took a replacement generator from Paducah, Kentucky to Wheatcroft, Kentucky, removed the defective generator, installed the replacement generator and returned the defective generator to Paducah, Kentucky.
The claimant's name is carried on the Paducah Shop seniority roster and, while working in the Paducah shop, is covered by Maintenance of Equipment Department Agreement, which is identified as the Section. "A" Agreement.
At only one point on the carrier's property is a separate foice of electrical workers maintained to perform the electrical work in the Maintenance of Way Department. This point is the Chicago Terminal area, where a separate seniority roster is maintained, and the electrical workers are covered by the Section "B" Agreement.
At all other points, the Maintenance of Equipment Department electrical workers are assigned to perform the electrical work in the maintenance of Way
These letters are clear and unambiguous. They show the electricians' craft recognized that only work involving electrical repairs comes within their jurisdiction, which is not the case in the dispute presently before the Board.
CONCLUSION: This claim represents an effort on the part of the International Brotherhood of Electrical Workers to change the agreement and to impose an unrealistic and inefficient practice on the carrier.
Were it not for the fact that this claim should be dismissed for lack of jurisdiction, it would be without merit under the terms of the effective agreement as no work exclusive to "Electrical Workers" was performed by motor car repairmen.
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
A defective generator on the power unit interrupted the operation of a tie tamping machine near Wheatcroft, Kentucky, and a motor car shop employe at Paducah was instructed to take another generator unit to Wheatcroft and exchange it for the defective generator, which was then taken to the electric shop at Paducah for repair by electrical employes.
The work required was that of loosening and removing four bolts, lifting the defective generator and replacing it with the new generator, and perhaps, 3824-10 708