C:\AWARDS\OUT\2-08964.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8964
SECOND DIVISION Docket No. 8339-T
2-MP-EW-'82 The Second Division consisted of the regular members and in addition Referee John 13. LaRocco when award was rendered. ( International Brotherhood of Electrical Workers Parties to Dispute: ( Missouri Pacific Railroad Company Dispute: Claim of Employes:

1. That the Missouri Pacific Railroad Company violated Rules 25 (a),

(b) and (c), 26 (a) and (b), 106 and 107 (a) of the June 1,

1960

controlling agreement; Rule 100 of the Uniform Code of Safety Rules effective January 1, 1971 when Car Foreman Johns assigned himself to perform electricians' work Friday, January 20, 1978, thus depriving Electrician R. D. Walters of his contractual rights under the provisio:-;; of the Agreement at Houston, Texas.

2. That, accordingly, Carrier be ordered to compensate Electrician R. D. Walters four hours (4') at the existing rate for electricians ($7.66 per hour) for January 20,

1978.

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 2_1, 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, an Electrician, seeks four hours compensation arising out of the Carrier's alleged violation of Rules 25, 26, 106 and 107 of the controlling agreement. On January 20, 1978 at Settegast Yard, either the Car Foreman or an employe who was not a member of the electrical craft but working under the Foreman`s instructions hooked battery jumper cables from the battery of a Maintenance Department scooter to the battery of the Department Pettibone portable crane to start the crane. The Organization maintains that the work consisting of jump starting the crane is exclusively reserved to the electrical craft by both Rule 107(a) and past practice. We have recently considered the identical issues raised in this case, between these same parties in Second Division Award No. 896.9) and Second Division Award No. 896.7<, For the reasons set forth in those awards; we must deny this claim. As we stated in Award Nos. 8969 and 89967 , our decision is limited to this particular task on this property. orm 1 Award No. 8`)64 T~ Vie: ~_ Docket No. 8:339
2 -MP-EW-' 82

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board ,jP~ semarie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 10th day of March, 1982.