Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6792
SECOND DIVISION Docket No.
6636
2-HB&T-EW-' 74
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Houston Belt and Terminal Railway Company
Dispute: Claim of Employes:
1. That the Houston Belt and Terminal Railway Company violated
the current agreement when they assigned Machinist
Apprentice C. R. Jackson to perform work within the
scope of the Electrical Workers.
That accordingly, the Houston Belt and Terminal Railway
Company be ordered to compensate Electrician Leo Wilson
in the amount of eight hours
(8')
at the straight time
rate for Saturday, November 18, 1972.
3.
In addition to the money amounts claimed herein, the
Carrier shall pay Claimant an additional amount of 6°%0
per annum compounded annually on the anniversary date of
the claim.
2.
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 axe respectively carrier and employe within the meaning
of the Railway Labor Act as approved June 21,
193+.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
On the claim date in question a Machinist Apprentice, in the
process of assisting a Machinist repair a locomotive truck, used
an overhead crane. The Organization contends that thisvi.olated
its agreement, and that an Electrician should have been called to
operate the overhead crane because it was within the scope of the
Electrical Workers' Agreement.
In the handling on the property, the Organization charged the
Carrier solely with violation of Rule 100 of the Agreement between
the parties.
Form 1 Award No.
6792
Page
2
Docket No.
6636
2-HB&T-EW-t74
Rule 100 provides:
"Rule 100
CLASSIFICATION OF WORK-ELECTRICAL
WORKERS
Electricians' work shall consist of maintaining,
repairing, rebuilding, inspecting and installing all
electric wiring of generators, installing switchboards,
meters, motors and controls, rheostats and controls,
static and rotary transformers, motor generators,
electric headlights and headlight generators,
electric welding machines, storage batteries, axle
light equipment and electric lighting fixtures;
winding armatures, fields, magnets, coils, rotors,
transformers and starting compensators; wiring at
shops and all conduit work in connection therewith;
wiring steam and electric locomotives, passenger
train and motor cars, and electric tractors and
trucks; and all other work generally recognized as
electricians work."
i
`. It is obvious that Rule 100 has no application to the facts
and circumstances of this dispute and the Organization's reliance
on Rule 100 is without validity.
In the Organization's Submission and Rebuttal filed with this
Board, Rule 100 is essentially abandoned, and the Organization
charges, for the first time, that Carrier also violated Rules
22,
23, 50, and 102.
The prevailing view on this Board is that failure to cite
specific rules violations during the handling on the property
precludes any consideration of such alleged rules violations before
the Board.
In Third Division Award No.
18246,
the Board said:
"In regard to the merits, the Organization, in its
_ex pane submission to this Board, for the first time
alleges that the Scope Rule and Rules 4 and 5 of the
Agreement were violated by Carrier in this instance.
However, the Organization failed to allege that said
Rules were violated on the property, and failing to do
so prohibits this Board from considering herein such a
contention or charge in the determination of this
dispute." Underscoring added.
Form 1
Page 3
Award No. 6792
Docket No. 6636
2-HB&T-EW-'74
Having determined that Rule 100 has no application, and having
further determined that there are no alleged rules violations before
it, the Board finds that this dispute must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of November, 1974.