Form 1 NATIONAL RAILROAD ADJTJST14ENT BOARD Award No. 9155
SECOND DIVISION Docket No. 9024-T
2-TP&W-EW-'82
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Toledo, Peoria and Western Railway Company
Dispute: Claim of Employes:
1. That under the current agreement the Toledo, Peoria and Western
Railroad Company improperly assigned a Machinist to install a "walkietalkie" radio on Locomotive 2733 on March 9, 1980.
2. That the Toledo, Peoria and Western Railroad Company be ordered to
compensate Electrician P. E. Burk four (4) hours at the straight time
rate for improperly assigning another craft the work that rightfully
belongs to the Electrical Workers.
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.
On March 9, 1980 a Machinist carried a portable radio and placed it in the
cab of a locomotive. Electrician R. E. Burk filed a claim alleging that Carrier
assigned Electrician's work to a Machinist in violation of the Rule 99 classification
of Electricians and Memorandum of Agreement No. 2. The Organization contends
that the Rule and the Memorandum clearly state that the installation and
maintenance of radio equipment belong to it. Consequently, a four-hour straight
time claim is payable to Claimant.
Carrier argues that it did not violate Rule 99 or Agreement No. 2, since no
installation work took place. The radio was just carried by the Machinist and
placed in the cab. The whole operation only took five minutes.
The record of this case reveals that the work performed in this instance
was by all standards de minimus. As such, it does not constitute a scope
violation that would warrant a four-hour claim be paid. See Second Division
Awards 7587 (Eischen) and 7529 (Scearce).
Form 1
Page 2
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 30th day of June, 1982.
Award No. 9155
Docket No. 9024-T
2-TP&W-EW-'82
NATIONAL. RAIIROAD ADJUSTMENT BOARD
By Order
of
Second Division
NNW