1'Urm i NATIONAL RAIT20AD :t;;1'IS'1MENT BOARD Award No.
72Ju
SECCND DIV1;31OF Docket No. 7052-T
2-PCT-EW-'77
The Second Division consist ed
of
the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
( System Federation No. 1 (Formerly System Federation
( No. 152), Railway Employes' Department, AFL-CIO
Parties to Dispute: ( (Electrical Workers)
(
( Trustees of Penn Central Transportation Company
( (Formerly the Pennsylvania Railroad Company)
Dispute: Claim of Employes:
1. That the Penn Central Transportation Company refused to allow the
pay provisions of Rule 2-A-1(e) to Electrician M. Kozemchak when,
on Saturday, January 20, 1973, Carrier moved incumbent M. Kozemchak
from his regularly assigned "Supporting Force Electrician's
Position" at their Conway Enginehouse to a position transporting
material and equipment to the various job sites by use of a fork
lift truck.
2. That accordingly, the Penn Central Transportation Company be ordered
to pay the Petitioning Claimant, Grade E - 6 Electrician, M.
Kozemchak, a pilot claim of three (3) hours' pay at the straight
time rate of his regular assignment for January 20, 1973 and that
such Award be controlling in disposition of pending claims on
System Docket Cases 7990 to and including 7996.
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.
Claimant is a regularly assigned Diesel Locomotive Repair Electrician.
On the claim date, he performed certain fork lift duties concerning the
movement of wheels; which work, he asserts, is properly performed under the:
Carrier's Agreement with the BRAC. Claimant asserts that he is entitled to
an additional three
(3)
hours of pay under Rule 2-A-1(e):
"Except as provided in Transport Workers Regulation 2-A-4 Rule
2-A-5 for System Federation), an employe moved from one position
Form 1
Page 2
Award No. 7206
Docket No. 7052-T
2-PCT-EW-'77
"to another on the same shift, at the instance of Management,
will receive an additional
three (3)
hours' pay at the
straight time rate of the regular assignment he holds for each
day he is required to work on another position."
Carrier notes that the February 10,
1965
Memorandum of Understanding
.pertaining to the cited Rule specifies, in material part, that no payment is
required unless the Employee is assigned to the performance of work not
ordinarily included in the regular assignment for a period of four (4) hours
or more.
Although the Organization concedes that the employee did not satisfy the
four (4) hour test, it argues that the work in question
"... was
not within the
jurisdiction, scope or providence of, the Electrical Workers and, accordingly,
could not have been comprehended to e within the intent and application of
the February 10,
1965
Memorandum of Understanding."
Carrier .denies that the work in question is exclusively performed by
clerks and, in any event, states that such a distinction is meaninglaozs under
the Memorandum.
We feel that the handling on the property disposes of the claim. Although.
Claimant made the conclusionary statement that certain work came under the
BRAC Agreement, and referred to certain bulletins, Carrier made specific
reference to the fact that for .-a number of years, across the system,
electricians have operated the equipment in question. We are unable to find
that Claimant took issue with that factual assertion while the matter was
under review on the property. Thus, with the matter in that posture, the
four (4) hour rule is clearly in issue.
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
`Wsemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 12th day of January, 1977.