Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.
7297
SECOND DIVISION Docket No. 7100
2-SCL-EW-'77
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( System Federation No. 42, Railway Employes'
( Department, A. F. of L. - C. 1.0.
Parties to Dispute: ( (Electrical Workers)
(
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the current
working agreement, particularly Rules 13 and 49 Section "B" (2),
when Carrier assigned Electrician to perform work of high grade skill
on the dates from October 22, 197+ through December 20, 197+, and not
being compensated properly.
2. That, accordingly, the Carrier be ordered to additionally compensate
Electrician C. M. Stone forty-eight (48) days at six cents (6¢) per
hour each day.
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, 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.
For the period stated, Claimant was assigned as an Electrician to work at
the Carrier's new Pollution Control Plant wiring controls and motors. During;
the same period, three other Electricians, receiving a higher rate of pay, were
also assigned at least intermittently at the same location.
The Organization claims violation of two provisions for higher rated pay-,
as follows:
Letter Agreement of October 17, 1967 stating:
"Six cents per hour above the rates shown in Section A of
Rule 49 will be paid to Electricians of high grade skill
who are not paid under Paragraph 1 of Rule 49, Section B,
covering pay for leading men who are qualified and
Form 1 Award No. 7297
Page 2 Docket No. 7100
2-SCL-EW-177
"regularly assigned to do all around electrical work on
repairs to tools and machinery including autogenous
welding."
Rule 13:
"When an employee is required to fill the place of another
employee receiving a higher rate of pay, he shall receive
the higher rate:
...fr
There is no dispute that the Claimant had been qualified previously for the
rate appropriate for Electrician of "high grade skill" in that he had held a
position for which he received this pay. At the time of the claim, however, he
was working as a regular Electrician not receiving the additional six cents an
hour.
This Board finds that Claimant did not qualify for the higher rate during the
period of his assignment to duties at the Pollution Control Plant. The work was
not specifically encompassed in the definition of that work calling for the
higher rate, nor was he "regularly assigned" to the work in question.
As to Rule 13, Claimant did work side-by-side with one, two or three
Electricians receiving the higher rate. There is no evidence, however, that the
Claimant "filled the place" of these electricians.
Working contiguously with others receiving a higher rate does not automatically entitle the Claimant to a pay adjustment, since the higher rate is
earned based on being "regularly assigned" to this and other types of work
requiring "high grade skill".
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
By ..
;4L
~'ostmarie Bra'sch-Administrative Assistant
Dated at Chicago, Illinois, this 17th day of May, 1977.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division