Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
776+
SECOND DIVISION Docket No.
7593-T
2-HB8cT-EW-
` 78
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. 1.0.
Parties to Dispute: ( (Electrical Workers)
(
( Houston Belt and Terminal Railway Company
Dispute: Claim of Employes:
1. That the Houston Belt and Terminal Railway Company violated
Rules 22(a) and (b), 23 and 100 of the September 1,
19+9
controlling agreement when they assigned signalman Wayne Wright
to perform Communication Electricians` work on December 2 and
3,
1976,
thus, depriving Communication Electrician Gray of his
contractual rights to said work at Houston, Texas.
2. That, accordingly, Carrier be ordered to compensate Communication
Electrician Gray eight hours
(8')
at the straight time rate fox
December 2 and
3, 1976.
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 ox carriers and the employe ox 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.
We have carefully reviewed the fact specifics of petitioner's
assertions within the context of pertinent agreement rules and find that
while the work classification rule was perhaps violated, the exigencies
of the moment required prompt remedial action.
Claimant was on duty and under pay at the time the Signalman was
assigned to assist him in repairing the communications equipment. There
was no other bargaining unit employee available. In fact, the only
qualified communication's electrician was out on an extended illness.
Form 1
Page 2
Award. No. 776+
Docket No. 7593-T
2-HB&T-EW-'78
Recognizing that Carrier, in this instance, was under a compelling
responsibility to insure orderly and safe operations, the repair of this
equipment was an immediate -priority.
Since claimant was already working his assigned schedule on the two
(2) days the Signalman assisted him, he did not suffer, thereby, any
financial loss. We cannot, under these circumstances, award a compensatory
penalty. We will deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
os maxie Brasch - Administrative Assistant
Dated a Chicago, I11im is, this 6th day of December, 1978.