Form 1 NATIONAL RAILROAD
ADJUSTMENT
BOARD Award No.
7765
SECOND DIVISION Docket No.
7613-T
2-HS&T-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. I. 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
28(a)
and (b), 23 and 100
of the September 1,
19+9
controlling
agreement when they
assigned Signalman
D. King to performing
electricians' work Tuesday, July
20,
1976,
thus, depriving
Electrician C. R. Wilson of his contractual rights to said work
at Houston, Texas.
2. That, accordingly, Carrier be ordered to~compensate Electrician
C. R. Wilson two hours and forty minutes (2t40") at the punitive
rate for Tuesday, July 20,
1976.
3.
In addition to the money amounts claimed herein, the Carrier sha1LL
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 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.
Claimant argues that the calling of a Signalman to assist electrician.
Roy Paul in repairing and restoring the fallen overhead three
(3)
phase
service wires was explicitly violative of Agreement rules.
Carrier contends, on the other hand, that claimant was not a
credentialed maintenance electrician and being unable to contact electrician
E. L. Nunn, a qualified pole climber, the situational imperatives necessitated
calling the Signalman who was the only qualified pole climber in the
Signal Department.
Foam 1
Page 2
Award No.
7765
Docket No,
7613-T
2-HB8dh-EW-'
78
This Board has carefully reviewed the detailed record to determine
precisely the bona fides of this dispute. But we find in Carrier's ex
paxte submission on page two
(2)
thereof, a well developed and articulated
argument that the Signalman used the "orchard ,picker" equipment to
facilitate the required repairs. Specifically, Carrier notes fox the first;
time that, "Due to the emergency of needing turntable to adjust power
after maintenance electrician Paul arrived and not being able to contact
the other maintenance electrician, Mr. Paul suggested that the 'orchard
.picker' owned by the Carrier and used and operated by its Signal Department
be .pressed into service. Mx. Paul could not cli:ria and stated he could
make repairs to turntable from cradle of picker if it was operated
properly and if not, Signalman King, who operates truck, was also a .pole
climber and he could get to rotary. Thus the necessary repair was made
b y maintenance electrician Paul with the assistance of Signalman King."
This was an entirely new substantive averment that was not raised on
the property during the handling of this grievance and accordingly is
inconsistent with the unambiguous specific requirements of Circular One (1).
We will not discuss, therefore, the relative merits of the jurisdictional
craft assertions made herein, since the Circular One (1) procedural
omission disposed of this claim.
Moreover, while we will sustain petitioner's request on the base
money amounts claimed, we cannot award
corm
ensatoxy interest payments in
the absence of a specific agreement provision. This Board has consistently
refused claims for interest where there is no rule providing fox such
payment.
See, fox example, second Division Awards
7374, 2675, 5+.67, 657+,
and
7030).
We will sustain the claim, but without interest.
A W A R D
Claim sustained to the extent expressed in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
r '~-4L
` e"
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 6th day of December,
1978.