Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7983
SECOND DIVISION Docket No, 7838
2-LT-USWA-'79
The Second Division consisted of the regular members and in
addition Referee. Bernard Cushman when award was rendered.
United
Steelworkers
of America, AFL-CIO
Parties to Dispute:
(
( Lake Terminal Railroad Company
Dis
pute: Claim of Employes:
I, Victor Bellan, employed as an electrician at the Lake Terminal
'_
Rail-road, Lorain, hereby claim four
(4)
hours' pay at st;cai _ght time for
electrical repairs that were per foxed on Locomotive #1201. The abo·,rc°_mentioned
work
was performed at approximately 1:00 a.m. on the 30th of
September,
1677,
by Assistant Tra-inns,ster Inter rit W. Christman.
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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On September 30, 1977, one of the Carrier's yard crews was switching the
BOP shop of the United States Steel Corporation. Assistant Tra.:mmnaster
M, W. Christman had on that date at approximately 1:00 a.m. come to the Hot
Metal Scales to give additional switch orders to the conductor. While
Christman was :present, the locomotive engineer on this job complained that,
when the crew was pulling iron ladle cars into the BOP Shop there was smoke
in the cab of locomotive engine No. 1201, Christman investigated and opened
the high voltage cabinet. In order to determine -whether the cause of the
smoke was due to an apparently loose nut or some other problem, Christman
used a wrench and tightened the nut. The tightening of the nut seemed to
solve the problem.
The Claimant contends that Christman had no contractual right to make
repairs on locomotives and that he should have been called to perform the
work in question. The Carrier claims that the work involved was only a
matter of a few seconds. The Organization disputes the "few seconds"
terminology but the record makes it clear that the period of time involved
was of very short duration.
Form 1
Page 2
Award No. 7983
Docket No. 7838
2-LT-USWA-'79
The organization claims a violation of Paragraph
(4)
of Rule ll+
(Mechanical Department Special Rules). It is also claimed that Definition
No. T+ of the Agreement between the parties, is applicable. These read:
"Paragraph (r): Nothing in these rules shall be construed
to prevent engineers and firemen from making necessary
light repairs to locomotives in service when such repairs
will keep locanotives in service or prevent unnecessary
damage to locomotives. A locomotive will be deemed to be
in service when it has left the shop in charge of a crew
and has passed over Vine Street crossing.
11
"Definition No. 1+: Supervisor - Any individual ezriployee
of the Company engaged directly or indirectly in the
capacity of supervising and directing the working forces,
and who does no manual work except 3.n emergencies or for
the purpose of demonstrations"
While the Board is satisfied that the tightening of the nut was work
that belonged to the electricians or enga.nemen, the Board's view is that
the circumstances here presented involve service which was so insignificant
in terms of time consumed as to present a _de
minaanis situation. See Second
Division Awards No.
6303
and No. 7529. We find here, as in No. 7529,
that the work performed here was simple and brier, originally investigatory
in ;purpose, and arose in such circumstances as to indicate that the claim is
one which properly falls in the category of de m:W :i.mis although it might
otherwise be found to have merit.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTh9ENT BOARD
By Order of Second Division
By
...r
~~~C~
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 20th day of June, 179.