Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8711
SECOND DIVISION Docket No. 8535
2-CR-EW-181
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the current Agreement, Electrician J. J. Mahoney was unjustly
compensated when he was moved from his position to another position far
his entire tour of duty on April 5, 1978.
2. That the Carrier be ordered to compensate Electrician, J. J. Mahoney an
additional 3 hours pay for April
5,
1978 and that the bulletins be
advertised with one Major Duty as per the Agreement.
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.
Claimant is assigned at the Harrisburg Locomotive Terminal as an Electrician
with advertised duties of "Inspect, test and repair diesel & electric loco's -
BW-RR"(Boiler Wash and Running Repairs). Or, April 5, 1978 he was assigned for the
entire shift at the drop table to work on three units cutting and coupling traction
motors. The Organization argues that this work is Heavy Repairs (HR) and thus is
a separate "major duty", entitling the Claimant to three hours' additional pay under
the provisions of Rule 2-A-1 (e), which reads in pertinent part as follows:
"...
An employee moved from one position to another on the
same shift at the instance of Management, will receive an
additional three (3) hours pay at the straight time rate
of the regular assignment he holds for each day he is
required to work on another position."
The Organization argues that at the E nola Shop, within the same seniority
district, work on the drop table is accepted as a major duty (HR) and thus the
assignment of the Claimant to the drop table falls within the pay benefit provided
in Rule 2-A-1 (e). The carrier argues that work assignments at Enola are not
relevant to the entirely separate assignments at Harrisburg, where it is uncontested
that there is no advertised position covering the drop table work and that such
work is regularly performed by employes in the assignment held by the Claimant.
F orm 1
Page 2
Award No.
8711
Docket No.
8535
2-CR-EW-'81
The Board finds no basis to apply the method of work distribution at one
location (Enola) to a different location (Harrisburg), even if the two locations
happen to be in the same seniority district. There is no showing that Claimant
was moved from "one position to another" as required by the rule to entitle payment
of three hours' pay. Nor is there a showing that the Claimant moved to a
different "location". Location is defined in the agreed-upon Interpretation of
the rule as follows:
(4) If he is assigned to perform work whether ordinarily
included in his regular assignment or not, at a location
other than that of his regular assignment for a period of
four (4) hours or more.
NOTE: The term 'location of his regular
assignment' as
used
in paragraph
(3)
and (4) above shall be understood to mean
the location in his seniority district at which the employee
performs the duties ordinarily included in his regular
assignment."
The claim presented to the Board also seeks an order that "bulletins be
advertised with one Major Duty as per the Agreement". The Carrier argues that
this portion of the claim is not properly before the Board because it was not
part of the claim presented on the property. The claim as originally presented
and as agreed upon in the Joint Submission on the property makes no reference to
the matter of bulletin advertisement. The record shows that this matter was
discussed on the property during the latter portion of the claim handling, but the
Board finds that this is not sufficient to constitute an acceptable amendment to
the claim. Even if considered on its merits, the Board notes the Carrier's
undisputed contention that the advertisement of a BW-RR position at Harrisburg
is a practice of long standing not previously contested by the Organization.
While this might be the subject of a separate claim, it cannot be found to be
properly part of the dispute before the Board for resolution here.
A W A R D
Claim as to pay denied. Claim as to bulletin advertisement dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 6th day of May,
1981.