Form 1 NATIONAL RAILROAD ADJUSTfEENT BOARD Award No. 8498
SECOND DIVISION Docket No. 8227-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
1. That in violation of the current agreement, the Burlington Northern
Inc., did deliberately assign temporary exempt personnel to ride
and maintain heater cars at Minneapolis, Minnesota, work contractually
belonging to the Electricians Craft as defined in our current working
agreement:
2, That accordingly, the Burlington Northern Inc., be ordered to compensate
Electricians V. Thompson and W. Woll for eight 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 Northtown (Minneapolis)
Minnesota area. Claim to be equally divided among the Claimant's
and to starg 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 aver the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The record herein differs from that in Award No. 8+90 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.
Form 1
Page 2
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
8498
Docket No.
8227-T
2-BNI-EW-'80
NATIONAL. RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By'.,r~'t,.
...·~1...._'/`-
.o3emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of November,
1980.