Form l NATIONAL RAILROAD ADJUST= BOARD Award No. 8078
SECOND DIVISION Docket No. 806
2-lIB&)?-EW-' 79

The Second Division consisted of the regular members and in addition Referee Rodney Is. Dennis when award was rendered,

( System Federation No. 2, Railway Employes'

Department, A. F, of Z. C. I. 0.
Parties to Dispute: ~ (Electrical Workers)

( Houston Belt and Terminal Railway Company

D:is~pute : Claim of Employer

1. That the Houston Felt and Terminal Rail.iray Company violated

Rules 22 (a) andi (b), 23, lOG and 102 of the September 19 199

controlling a~,recznerrt when Foreman Ci. :E. huuyer assigned himseJf

from 4:00 p.m>. to 5:30 P.m. to nerforri electricaaz;s ` work. Tuesd_;y9

February 289 19'(8, thus, depz~:Lva.ng Electrician R. E. Netro-vi of his

contractual ,rights u::i.der the provisions of the Agreement at

Houston, Texas,

2. That, accordingly, Carrier be ordered to compensate Electrician

R. Ii. Netrow two hours and forty minute;, (2'x+0") at the overtime

rate for February 289 197b,

3. In addition to money amounts claimed herein the Carrier shall pay

claimant an additional anwunt 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 a.11 the evidence., finds that:

The carrier or carriers and the employe or employer involved. in this dispute axe respectively carrier and employe within the meaning of the Railway Labor Act as approved June 219 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing therecn.

It is the Organization's contention that Carrier violated its agreement when a Foreman operated an overhead crane for one hour and thirty minutes in lieu of assigning an Electrician to that task. There have been at least two previous disputes on this property involving the operation of electric traveling cranes and about trhich craft this work belongs. The most recent decision (Public Law Board No. 1476) clearly establishes that the operation of the electric traveling- crane on this property belongs to the Electricians. This Board is in full agree..~ent with the opinion and analysis of Public Law Board Award No. 1476 on this issue and we so find in this case.
Form 1 Award No. 8078
Page 2 Docket No. 806
2-BB&T-EW- t 79

Fran the record. before us, it is clear that Foreman Munger dial assign himself to Electrician's work in violation of the agreement, when he chose to operate the electric crane in lieu of assigning an Electrician to the task.

There is no showing in the record that an emergency existed, that Electricians were unavailable for the assignment, or that the incidental work rule in any way applied in this situation. We shall sustain the claim, but without payment of interest, as we have consistently held.

A V A R D

Claim sustained without interest.

NATIONAL RAILROAD ADJ'(iSTP.ENT BOUD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

~os'~rarie Brasch - Administrative Assistant

Dated a Chicago, Illinois, this 5th day of September, 1979.