Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9253
SECOND DIVISION Docket No. 8638
2-NRPC-EW-'82
The Second Division consisted of the regular members and in
addition Referee George E. Larney when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That the National Railroad Passenger Corporation (Amtrak) arbitrarily
violated the agreement when they transferred Electrician S. G. Curry
from one position to another position on June 26, 27, 28, 29, 30 and
July 3, 5, 6, and 7, 1978 at Brighton Park Turbo Facilities, Chicago,
Illinois.
2. That accordingly the National Railroad Passenger Corporation (Amtrak)
be ordered to compensate Electrician S. G. Curry an additional three
(3) hours pay at his prevailing rate of pay for each day beginning
June 26 through June 30 and July 3, 5, 6, and 7, 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 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.
The instant claim arises, the Organization submits, as a result of Carrier
having violated Rule lOF of the Controlling Agreement effective September 1, 1975,
as amended December 2, 1975. According to the Organization, Rule lOF reads in
full as follows:
"Employees transferring from one position to another position
on the same shift by award shall receive an additional 3
hours pay at the straight time rate of the positions they
were awarded for each day they are required to work on their
former position subsequent to the deadline provided in
Paragraph (a) of this Rule."
Form 1 Award No. 9253
Page 2 Docket No.
8638
2 -NRPC -EW-'
82
The record reflects that for the entire tour of eight
(8)
hours on the claim
dates in question the Claimant, Sid G. Curry, an Electrician at Carrier's Brighton
Park, Illinois, Turbo Maintenance Facility, was assigned to perform rewiring work
on B-Panels. The Organization submits that this work was performed by the Claimant
several months earlier before he transferred to his present position as Back Shop
Electrician on the same shift. Therefore, argues the Organization, Claimant is,
under Rule lOF, entitled to receive an additional three
(3)
hours pay for each of
the claim dates he performed work of his former position.
Carrier argues the Organization has incorrectly identified the Agreement Rule
upon which it bases its case. Carrier submits the rule is Rule
6
(f) as revised
by a Letter Agreement dated December 2,
1975
instead of Rule 10 (f) which also was
revised by another Letter Agreement of the same date. Rule
6,
Carrier notes,
deals with Bulletin and Assignment issues, while Rule 10 has to do with Reducing
and Increasing Forces. In any event, Carrier argues neither Rule 10 (f) nor
6
(f)
is applicable to the instant claim. Carrier contends Rule
6
(f) was intended to
apply to employes who were awarded another position on the same shift but who, for
whatever reason(s) were held off from assuming their new positions on or after
the award date. In such situations, Carrier admits it is contractually obligated.
to shoulder a penalty payment of three
(3)
hours for every day the employe is
held over on his former position.
Carrier submits that in the instant case the Claimant was not awarded his
present position but displaced into the position as a result of his former job
having been abolished. Carrier notes Claimant's former job was as an Electrician
in a special concentrated refurbishment program which was completed and ended on
May 12,
1978.
Carrier argues that this program's end however, did not mean that
work performed in connection with the program would never be performed again.
Rather, Carrier maintains, the special program had simply accomplished its goal,
and there was no longer enough work of the type Claimant had been performing prior
to May 12th to justify a whole position. Therefore, Carrier notes, Claimant's
position was abolished and the work of rewiring B-Panels was assigned to the
existing positions. On the claim dates in question, the Claimant had already been
in his new position for over 1 1/2 months. Thus he had not been held off from
assuming his new position simply because his former position had been abolished.
Furthermore, Carrier contends the assignment of the subject work falls within the
job description of Claimant's present job classification (EB-1), which reads in
pertinent part as follows:
"... Electricians will also perform all duties to which they
are assigned and generally recognized as electricians work."
Carrier argues emphatically that Claimant's assignment of rewiring B-Panels
on the nine
(9)
claim dates in question did not constitute working his former
position. Finally Carrier submits, there is no evidence that Claimant suffered
any financial loss by performing the subject work.
Based on close scrutiny of the entire record the Board is persuaded the
Carrier's position as to both the identification of the Rule, that is Rule
6
(f)
as opposed to Rule 10 (f) and its substantive argument regarding the meaning of
Rule 6(f) must prevail under all the given circtmmstances of the instant case.
Form 1 Award No. 9253
Page
3
Docket No.
8638
2-NRPC-EW-'82
The evidence clearly shows the Claimant holds his present position as a result of
a displacement action rather than as a result of being awarded the position.
Furthermore, the evidence is abundantly clear he was not held by Carrier from
assuming his present position as his former position had been abolished. Finally,
it is our determination that the subject work falls within the job description of
Claimant's present job classification. For all the foregoing reasons we find we
must deny the instant claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTVENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By ..,s
o~emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 28th day of July, 1982.