Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9255
SECOND DIVISION Docket No.
8707
2-MP-E744-' 82
The Second Division consisted of the regular members and in
addition Referee Martin F. Scheinman 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 1 and
24 (a) of the Communications Agreement effective August 1,
1977;
Memorandum of August 12, 1960.d; and, Article III of the September
25,
1964
Agreement when they assigned Electrician D. L. Crawford
to perform Communications Maintainers' work, thus, denying
Communications Maintainer G. Spielbush at Kansas City, Missouri
his contractual rights under the Agreements and his rights in the
division of work under the Memorandum, on November 26,
1978.
2. That, accordingly, the Missouri Pacific Railroad Company be ordered
to compensate Communications Maintainer G. Spielbush two and
seven-tenths hours (2..7') at the overtime rate for November 26,
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 Organization contends that Carrier violated Rule 1, Scope and
Rule 24, Seniority, when it instructed Electrician D. L. Crawford to remove the
radio hand set from MP Unit 3101 on November
26,
1978. It also asserts that
Carrier's action violated a Memorandum between the parties dated August 12,
1960.
Claimant, Geln Spielbush, is a Communication Maintainer assigned to the Carriers'
Kansas City Terminal Division.
This identical case was decided by this Board, involving the same
parties
and the
same Claimant in Award No. 9254. There., we determined that
Carrier's action in assigning an electrician to remove a hand radio set was
improper unless Carrier demonstrated that its action was due to an emergency
situation.
Here, Carrier has failed to establish that an emergency situation
existed. As such, its action violated the Agreement. However, consistent with
Form 1
Page 2
Award No. 9255
Docket No. 8707
2-MP-EiW-' 82
our reasoning set forth. in .ward No. 9254 , no compensation is due to
Claimant.
The Agreement was violated.
AWARD
Claim sustained to the extent indicated in Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second
Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By,.
e rie Brasch.- Administrative Assistant
Dated at Chicago, Illinois, this 28th day of
July,
1982.