Form 1 NATIONAL RAILROAD ADJUSTI]ENT BOARD Award No.
9050
SECOND DIVISION Docket No.
9181
2
-CR-EW-' 82
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation (Conrail) violated the current
Agreement when they used D. L. Colvin a T & T Maintainer to perform
work belonging to the Radio Maintainers class from May
22,
to and
including May
27, 1978;
May
29 - 31, 1978
(inclusive); June 1 - 3,
1978
(inclusive); June
5 - 10, 1978
(inclusive); and Jurie 12 - 17,
1978
(inclusive).
2. That, accordingly, the Carrier be ordered to compensate T. B. Conway
eight
(8)
hours pay at time and one half of his prevailing rate of pay
for all of the dates involved in this instant claim.
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, a Radio..Maintainer at Watertown, New York, seeks eight hours of
pay at the overtime rate arising out of the Carrier's alleged misassignment of
work which exclusively belongs to Radio Maintainers between May 22,
1978
and
June
17, 1978.
During that period, Claimant was serving a disciplinary suspension.
Subsequently, when Claimant appealed the disciplinary action, the Carrier's
highest appeals officer completely exonerated him. The Carrier paid Claimant
all his lost wages for the period of May 22,
1978
to June
17, 1978
and the
discipline was removed from his record.
The Organization argues that the Carrier assigned a Telegraph and Telephone
Maintainer to replace Claimant and perform all the duties of a Radio Maintainer
during Claimant's absence. According to the Organization, the assignment was
improper because the Telegraph and Telephone Maintainer did not have a Class II
Radio License which is a condition precedent to being assigned to a Radio
Maintainer position.
F orm 1 Award
NO-
9050
Page 2 Docket No. 9181
2-CR-EW-'82
The Carrier denies that the Telegraph and Telephone maintainer performed any
function which requires a Class II Radio License. The Carrier concedes that a
Telegraph and Telephone Maintainer did replace Claimant during his absence but
only to the extent of the replacement's qualifications. Also, the Carrier
contends that since Claimant's discipline was completely rescinded and he was
fully compensated for the period covered by this claim, Claimant is barred from
receiving further monetary relief.
We need not resolve the issue of whether or not Claimant's replacement
performed work exclusively reserved to Radio Maintainers because the Claimant's
subsequent receipt of all wages he lost for the period from May 22,
1978
to
June
17, 1978
renders this claim moot. Even if we were to sustain the Organization's
position in this claim, Claimant could not receive any more compensation than
he has already received as a result of the favorable settlement he-obtained on
his disciplinary appeal. Thus, we must dismiss the claim.
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By _,---
semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 21st day of April, 1982.