Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7464
SECOND DIVISION Docket No.
7375
2-KCT-EW-'78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 3, Railway Employer'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Kansas City Terminal Railway Company
Dispute: Claim of Employes:
1. That the Kansas City Terminal Railway Company violated Rule
19,
20, 21 and
67
of the July 1,
1936
controlling agreement; Article
III of the September 25,
1964
Agreement when Assistant General
Foreman Edwards assigned himself to perform electricians' work on
July
13, 1975,
thus depriving Electrician C. W. Connor of his
contractual rights to said work at Kansas City, Missouri.
2. That accordingly, Carrier be ordered to compensate Electrician
C . W. Connor two hours and forty minutes (2' 40") at the time and
one-half rate for July
13, 1975·
3.
In addition to the money amounts claimed herein, Carrier be
ordered to pay interest on the ,principal amount claimed, computed
at the rate of
6%
per annum and compounded annually from the
anniversary date of this claim.
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 employer 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.
On July 13,
1]75,
Assistant General Foreman Edwards .performed the work
of flushing and charging of storage batteries at Kansas City, Missouri. The
Organization alleges that the work in question is reserved to them by
agreement and that the carrier's action of permitting Asst. Foreman Edwards
to perform the work was in violation of said agreement.
Form 1
Page 2
-Award Tdo.
7464
Docket No.
7375
100
2-KCT-EW-'78
The
Classification of Work rule is rule
67
which reads as follows:
"Electricians' work, including regular and helper
apprentices, shall consist of maintaining, repairing,
rebuilding, inspecting and installing the electric
wiring of all generators, switchboards, meters, motors
and controls, rheostats and controls, motor generators,
electric headlights and headlight generators, electric
welding machines, storage batteries, axle lighting
equipment, including steam and electric locomotives,
passenger train equipment; winding armatures, fields,
magnet coils, rotors, transformers and starting
compensators, and all other work generally recognized
as electricians' work."
Maintaining and inspecting of storage batteries is specifically covered
by the rule. Under the agreement an electrician should have been called
to perform the work of his craft.
The Organization has properly objected to the carrier's attempt to
make its case for the first time in its submission to this Board. It is
well established that issues and evidence cannot for the first time be
included at the time of submission.
We will sustain the claim without interest. We are unable to find
contractual support for the interest portion of the claim.
A W A R D
Claim sustained in accordance with above Findings.
NATIONAL RAILROAD ADJUSTMEl~'T BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
R
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 10th day of February,
1978.
law