`.Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6917
SECOND DIVISION Docket- No.
6743
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( International Association of Machinists and
( Aerospace Workers Lodge
754
( The Long Island Rail Road Company
Dispute: Claim of Employes:
That the Carrier violated the existing controlling agreement
when on Monday, February
19, 1973,
Washington's Birthday Holiday,
the Carrier assigned other Machinists than the incumbents of the
position to perform the work of their bulletined assignment.
Accordingly, Machinists W. Konieczny and W. Lendemer should be
compensated eight hours each at the punitive rate of pay for Monday,
February
19, 1973,
Washington's Birthday Holiday.
i
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 were given due notice of hearing thereon.
The Organization contends that Carrier violated the Agreement between
the parties when on February
19, 1973
(Washington's Birthday holiday),
Carrier required two employes (machinists) from the Running Repair Department to go into Claimants' shop area (Pistons, Heads, Liner, Turbo and
Undercar Power Unit Department) aid pull a piston and liner assembly to
complete their work on a locomotive at the Roundhouse. On the day in
question, Claimants' positions were blanked.
During the handling on the property, Carrier's President wrote to the
General Chairman as follows:
"On the day in question, certain machinists whose positions
were not blanked and who were engaged in running repair work
found that they were unable to complete a job on a locomotive in
Form 1 Award T1o. 6917
Page 2 Docket No.
6743
2-LI--MA-'
75
the roundhouse for lack of a piston and liner.assembly. Since
adequate completed piston and liner assemblies were available
in the locomotive shop, the employe were instructed to use one
of those units in the roundhouse.
Carrier's action in this instance did not constitute a violation
of the applicable agreement. The completed piston and liner
assembly would have been delivered to the roundhouse on any other
working day and these employes in the locomotive shop would not
have been any better or worse off as a result".
This statement was never challenged by the Organization during the
handling on the property.
In addition, while the Organization contends that the work performed.
was covered by bulletin and belonged exclusively to Claimants, neither
the bulletin nor a description of the work performed was included in the
record before us.
On the basis of thin insufficient record, the Board. has no alternative but to dismiss the claim.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
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Rosemarie Brasch - Administrative As distant
Dated at Chicago, Illinois, this 26th day of August,
1975.