Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7587
SECOND DIVISION Docket No.
731.5--T
2-MP-EW-'
78
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
Dispute: Claim of Employes:
( Missouri Pacific Railroad Company
1. That the Missouri Pacific Railroad Company violated Rules 25(a),
(b) and (c), 26(a), 107(a), 108 and 109 of the June 1, 1960
controlling agreement when they assigned Machinist at Sedalia,
Missouri to perfcr wing electricians' work, second week of March,
1975, prior to March 31, 1975, on March
31,
1975 and first week
of April, 1975.
That accordingly, the Missouri Pacific Railroad Company be
ordered to compensate twenty (20) eight hour
(8')
days at the
rate of time and one-half the regular rate to be divided evenly
among the furloughed electricians whose names appear below:
2.
Findings:
J. D. Payne
C. Gramlich
J. A. Larson
L. S. Borchers
L. F. Klein
J. A. Vinson
E. T. Bealer
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier ox 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.
Claimants contend that they should have been recalled from furlough
to perform the work of operating an overhead crane on various occasions to
unload certain materials which had been delivered to Sedalia Shops during
a period covered by claim dates. It is not refuted that the work in question,
consumed an hour or so on four
(4)
scattered dates.
Form 1
Page 2
Award No. 7587
Docket No. 7311-T
2-MP-EW-'78
Carrier defends on the grounds that several provisions of the Agreement
authorized its use of other than electricians to perform this work in
light of the facts that the Sedalia Shops were shut down and all employees,
including claimant electricians, had been furloughed; with the exception of
a skeleton crew kept on for maintenance. Upon careful review of the record
and reading the contract with the rule of reason in mind we are unable to
find a violation of the Agreement. Even if arguendo a technical violation
occurred we find that under the _de minimus doctrine the claim must be
dismissed.
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
-~emar
Dated t Chic