Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8497
SECOND DIVISION Docket No. 8226-T
2-BNI-EW-'80
The Second Division consisted of the regular members and in
addition Referee David H. Brown when award was rendered.
( International Brotherhood of Electrical Workers
(
Parties to Dispute:
( Burlington Northern Inc.
Dispute: Claim
of
Employes:
1. That in violation of the current agreement, the Burlington Northern
Inc., did deliberately assign temporary exempt personnel to ride and
amintain heater cars at Seattle, Washington work contractually belonging
to the Electricians Craft as defined in our current agreement.
2. That accordingly, the Burlington Northern Inc., be ordered to compensate
Electricians E. D. Price, M. G. Peterson and J. T. Davey for eight
(8)
hours compensation each at the time and one-half rate for each day
that exempt personnel ride and maintain the heater cars to and from
the Seattle, Washington area. Claim to be equally divided among the
Claimant's and to start beginning on date of November 12, 1977 and
continuing until adjusted.
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.
The record herein differs from that in Award No. 8490 only in that certain
additional evidence has been offered by the Organization. We do not find such
evidence persuasive. The record will not support a sustaining award.
A W A R D
Claim denied.
F orm 1
Page 2
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
8497
Docket No. 8226-T
2 -BN I-EW-' 80
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By y
,ojemarie Brasch - Administrative Assistant
Dated at` Chicago, Illinois, this 19th day of November, 1980.