Form 1 NATIONAL RkILROAD AiiJUS'? ME1;T BOARD Award No.
7+89
SECOTSD DIVISION Docket No.
7395
2-rIP-Ew-'
78
The Second Division consisted of the regular members and in
addition Referee Theodore H. O'Brien when award was rendered.
Parties to Dispute:
Disyate: Claim of Employes:
System Federation No. 2, Railway Employes'
Department, A. F. of L. - C. 1. 0.
(Electrical Workers)
Missouri Pacific Railroad Company
1. That the Missouri Pacific Railroad Compa:~y violated Rules 1 -
Section 1(a), 2(a.), 3(a),
4(a),
(d) and (g) of the June 1,
1960
controlling agreement on October 13,
1975
when they called
Telephone Maintainer Y1. E. L~.Ii aria prior to the start of his s~iift
6:00 a.m. - instructing him to go to Pine Bluff Arkansas on trouble
call to worn on Carrier equipment that resulted in Telephone
Maintainer LaFa,rra working on equipment oT~ned and leased from
Bell Telephone Co~ypany at Pine Bluff, t~-rkansas.
That accordingly, the Missouri Pacific Railroad Company compensate
Telephone Maintainer W. L. LaFarxa tS~ro and seven-tenths hours
(2.7') at the punitive rate for October 13,
1975.
2.
Findings:
The Second
Division
of the Adjustment Board, upon the whole retard and
all the evidence, finds that:
The carrier or carriers and the e-nploye or employes involved in this
dispute are respectively carrier and eznploye 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.
The Claimant is employed as a Telephone Maintainer in the Communications
Department of the Missouri I=acific Railroad. On October
13, 1975,
the Data
Supervisor in St. Louis, Missouri called the Claimant at 6:00 um, one hour
before the usual starting tune fox his work day, and instructed Claimant to
go to Pine Bluff, Arkansas and clear trouble in Carrier's data set. The
Claimant, following instrzctions, went to Pine Bluff and pexfomed tests on
Carrier's equipment.
Claimant's
tests indicated that the Carrier's equipment was opera~tiv e, but 'chat the Bell Telephone equipment, which was used
in conjunction with Carrier's equipment, was inoperative.
Form 1 Award No,
7489
Page 2 Docket No.
7395
2-MP-hla-
t
78
The Claimant filed a claim for two and seven-tenths hours
(2.7')
for
October
13, 1975,
for the work he performed ,prior to the usual hours of his
work day. However, the claim for two and seven-tenths hours was removed fran
his time roll by the Communications Supervisor. As a result of the Carrier's
action, the Organization has processed this claim on the basis that the
Carrier violated the Agreement effective June 1,
1960,
specifically Rule 1 -
Section 1(a), Rule 2(a), Rule 3(a) Rule 4(a), (d) and (g).
The instant claim is essentially similar to the claim that was before
the Board in Award No.
7+88.
Based on the reasoning of that Award the
instant claim must be denied.
A W A R D
Claim denied.
NAT:LO1MZ R4TZRQA.D ADTUSTT,TTTT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
r
B
$,~e ,..
.~"`__ M
semarie Brasch - Acunini.stxative Assistant
Dated at Chicago, Illinois, this 4th day of. April,
1978.