NATIONAL RAILROAD ADJUSTMENT BOARD
The Second Division consisted of the regular members and in
addition Referee Harold M. Weston
when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 103, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Electrical Workers)
THE NEW YORK CENTRAL RAILROAD
(Eastern District)
DISPUTE: CLAIM OF EMPLOYES:
1. That the Carrier contracted the electrical work in the construction of the Caboose Pool Locker Room Facility and the office building
at the Auto Unloading Facility at Selkirk, New York, in violation of
the current agreement and thereby improperly deprived the M. of F.
forces of their work.
2. Therefore, the Carrier be required to compensate the following
claimants for the number of hours shown, at the time and one-half
rate of pay:
H. Williams-98 hours; P. Kaser-98 hours; H. E. Felt--80 hours.
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.
Parties to said dispute waived right of appearance at hearing thereon.
The theory of the present claim is that Carrier violated its agreement with
the Electrical Workers by contracting out electrical work without obtaining
the concurrence of the General Chairman.
The same issue, basic situation, contentions and agreement were before
this Board when it handed down Award 5034.
What we had
to say in that award is equally applicable here and we will
sustain this claim subject to the provision that compensation will be based on
the number of hours, at the straight-time rate, that Carrier's records show
were devoted to the electrical work in question.
We are not persuaded that time pressures or any other circumstance
created such an extreme emergency as to warrant Carrier proceeding without
obtaining the General Chairman's consent. The plain language of an agreement may not be ignored and must be realistically enforced.
AWARD
Claim sustained to the extent indicated in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 31st day of January, 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
5035