C:\AWARDS\OUT\2-08183.htm

Form 1 NATIOiIAL RAILROAD ADJUST' W`;T BOARD Award No. 818;5
SECOND DIVISION Docket No. 7:37_
2-SC-E'r'V-' 79

The Second Division consisted of the regular members and in addition Referee Robert A. Franden when award was rendered.

( System Federation No. 42, Railway E.T^ployes'
( Department, A. F. of L. - C. I. 0.
Parties to Dis:)ute : ( (Elec trical Workers)
(
(Seaboard Coast Line Railroad Company

Dis-oute: Claim of E-TMloyes

1. That at its Tamroa Rip Track on December 27, 1976, the Seaboard

Coast Line Railroad Co,

-Pan;7

violated the controlling agreement

when Carrier Supervisor o;~era.ted ttze ten (10) ton cra::e instead

of calling Crane OreratorL. R . S,~sth -:.:ho was a.vai? ~.~le and

First out on the Crane Onerator's overtime board.

2. That Crane Operator L. R. Smith be cerae_~lsated for four (4) hours at the pro rata rate account of Carrier's violat4_.on of Rules

26, 95 and Anpenaix ~Q· of tho e ccatroll '_no agr a .-n~ eff ect we
January 1, 1:,68 as subsequ=antly amended.

Find i.2? s

The Second Division of the Adjust.-nant Board, upon the v,-hole record and all the evidence, finds that:

The carrier or carriers and t1ric er~?loye or e=loyes involved In this dispute are respectively carrier and e=loye within the rnaning of the Railway Labor Act as anproved June 21, 1934.

This Division of the Ad jt;s tirsn t Board ha.^ jurisdiction over the dispute involved herein.

Parties to said dispute waived right of

appearance

at hearing thereon.

On December 27, 1976 the regularly assigned second sh'_f t crane ooe,,.-ator at Rin Track Ya,ma, Florida, re;jor'.ed that he ,,could be late in arri viii:- for work. During his absence it became necessary to per'or.-.1 certain. -work uti.li zin7 a ten ton crane. Thz: Carrier called an on duty el ectric_an to rer form the work belt orior 'to his arc_ivin'-~%at the worn site, the supervisor

O_:~<?r~.tF_'d

the crane for some five (5) minutes.
Form 1 Award No. 8183
Page 2 Docket No. 7931
2-SC-EW-'79 There is no question but that under Rule 95 the operation of the crane is to be performed by a crane operator or, in case of their unavailability an electrical helper.

Rule

- Electric Traveling Crane Operators - reads:

"(a) Electric traveling crane operators will be assigned to operate overhead traveling cranes having a capacity less than forty (40) tons. This not to include such cranes operated from the floor.

(b) Electric traveling crane operators, capacity of forty (40) tons and over, shall be paid the rate as shoim in Rule

of the agreement.

(c)lahen necessary to fill electric crane operator positions, electrical helpers will be used if there are no electric crane operators available."

The Carrier has tar;en the position there was an emergency situation nresent which justified its use of supervisory personnel. This has remained a mere allegation totally unsupported by evidence. This defense must fail. Further, the Carrier takes the position that it is consistent with the rules of the Agreement and past practice for supervisory personnel to perforn.1 small amounts of crane operator work in situations such as that which existed in the instant case. We cannot agree The rule is clear in that the work belongs to the crane operators or, in their absence, electrical helpers. There is no exception for the performance of work by supervisors such as took place in the instant matter. When the Carrier determined to perform the work they were bound to use the proper employe. The claimant was available to perform the work and should have been called. Under Rz,_le 5(A) a four hour call is provided for work of less than two hours and forty minutes. The claimant is entitled. to same.

Claim sustained.

NATIONAL RAILROAD ADJUSTIZEITT BOARD

By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By ,. ~:---e.~.~-Cue... ,/,!.~-.~.- `--Roremarie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 28th day of November, 1979.