Form 1 N4TI0'2TAZ RAILROAD ADJUSTKE1iil' BOARD Award ?`10. 7446
SECOim DI'TISIO'_`T Docket No. 7300-T
2-BtTI-7,,i-' 78

The Second Division consisted of the regular members and in addition Referee Herbert L. Marx, Jr. when award was rendered.

( System Federation No. 7, Railway 'E~mployes'

( Department, A. F. of L. - C. I.O.

Parties to Dispute: ( (Electrical ,^~orkers)

(

( Burlington Northern Inc.

Dispute: Claim of Employes:

1. That in violation of the current working agreement, Electrician t^Iixemen

E. G. Gilbert, G. t^T. Olson and M. W. Dxahos of Pasco, Washington were

deprived of their work when Carrier sent men from another craft to

perform their work.

2. That accordingly the Burlington Northern Inc. be ordered to compensate

2~.:r. Gilbert, Mr. Olson and Mr. Drahos fox the site (6) hours pay a=`, pro

rata rates fox date of October 18, 1975, compensation to be divided

equally among them.

Findings:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the em ploye or employes involved in this

dispute are res pectively carrier and em~)l oye within the meaning of the
Railway Labor Act as approved tune 21, 193T.

This Division of the Adjustment Board as jurisdiction over the dispute involved herein.

Parties to said dispute -raived right of appearance at hearing thereon.

Claim -mss made on behalf of Electricians for electrical craft work allegedly performed by a Bridge and Building foreman and one of his Maintenance of Way employes. The claim is a narrow one based solely on the facts as can be determined from what was set forth by the Organization on the property. Called to a Flooded basement some 5; miles away, the foreman and his eMploye reed the float of one water s,amp p~mT.p to restore -t to operation. The other pump ;..,as -'our._d to be inopersbl e a -ad was unplugged, taken array and 1 ate-r ^epaired bar -~lectric,_ans. Tre sole issue -.rears to be ,Jhether the foreman and ',-is emp?c-rA s=.:.p1;, removed tie second pt:.mp or "t-ried to repair" the elect r4 ca' SWitCh, as alleged bar tile Cia i::'aiitS. In either event. re-cair was not aCCO:--11SCeC'. but was, t0 the contrary, j~erf0'_r::?ed later by Elect xiCyanS.
Form 1 Award No. 7446
Page 2 Docket No. 7300-T
2-BUTT-T_7q- ~ 78

The Electricians, if they had been sent instead of others, might have put both pumps in operating order at the time. But this is simply hindsight. It does not mean that the Carrier in this instance violated a rule by its actions.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUST1~'`11T BOAP,D

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

x .__,_.

..,~~.~

--Rosemarie 3rasch - administrative Assistant

Dated at Chicago, Illinois,this 24th day of January, 1978.

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