Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9257
SECOND DIVISION Docket No. 8709
2-MP-EW-'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 S. D. Vanderlinden

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 25, 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 25, 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 S. D. Vanderlinden to remove the radio hand set from MP Unit 3005 and install the radio hand set on MP Unit 1731 on November 25, 1978. It also asserts that Carrier's action violated a Memorandum between the parties dated August 12, 1960.

Claimant, Glen Spielbush, is a Communication Maintainer assigned to the Carrier's Kansas City Terminal Division.

This identical case, between the same parties and the same Claimant, was recently decided in Award No. 9254. There, we determined that Carrier's action violated the Agreement when it assigned an electrician to remove and install a hand radio set unless Carrier demonstrated that such direction was due to an emergency situation.
Form 1 Page 2

Award No. 9257
Docket Ho. 8709
2-MP-EW-'82

Here, Carrier has failed to demonstrate that an emergency situation existed. Therefore, we must conclude that Carrier's action violated the-terms of the Agreement. However, consistent with our reasoning set forth in Award No.9254, we must conclude that no compensation is due to Claimant for this violation.

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

arie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 28th day of July, 1982.