Form 1 NATIONAL RAILROAD ADJUST= BOARD Award No.
7676
SECOND DIVISION Docket No. 7490
2-MP-EW-'78
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Rule 18
of the June 1,
1960
controlling agreement on February 25,
1976
and continuous when they refused to apply the rule to Traveling
Electrician J. R. Jameson at Deville, Louisiana.
2. That accordingly, the Missouri Pacific Railroad Company be
ordered to compensate Traveling Electrician J. R. Jameson eight
hours (8') at the straight time rate for February 25,
1976
and
continuous for each day thereafter until the violation is
corrected.
3.
In addition to the money amounts claimed herein the Carrier shall
pay claimant an additional amount of
6%
per annum compounded
annually on the anniversary date of the 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 employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21,
1934.
I
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This Board, on review of the entire record, must conclude that there is
need for further consideration of this matter on the Property.
The application of a rule such as Rule 18 - Faithful Service -
"Employes who have given long and faithflzl service in the
employ of the company and who have become unable to handle
heavy work to advantage will be given preference to such
light work in their line as they are able to handle."
Form 1
Page 2
Award No.
7676
Docket No.
7490
2-MP-EW-'78
does not necessarily require creation of a new job, nor does it have to
embrace elements of the Claimant's regularly assigned duties when he was
regularly employed. To an extent, it depends upon ingenuity and constructive
efforts to provide a long service employee an opportunity to be productive
to the extent of his limitations.
We return this matter to the property for a reassessment of the status
of the Claimant's condition, the review of possible duties and encouragement
for the parties reach an agreement in the ninety (90) day period commencing
with the execution of this AWARD; otherwise, the case is to be returned to
this Board for further consideration and final action.
A W A R D
As set forth in the Opinion.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJCTSTP~=-,U BOARD
By Order of Second Division
>R semarie 3rasch - Administrative Assistant
Dated t Chicago, Illinois, this 29th day of August,
1978.