Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 925$
SECOND DIVISION Docket No. 8710
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:

( Missiour 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 1731 and install the radio hand set on MP Unit 1689 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 same Claimant, was determined recently by this Board in Award No.9254. There, we ruled that Carrier violated the Agreement when it assigned an electrician to remove and install a radio hand set unless Carrier demonstrated that such assignment was due to an emergency situation.

Here, Carrier has failed to demonstrate that an emergency situation existed. Therefore, we must conclude that Carrier's action in assigning an
Form 1 Award No. 9258
Page 2 Docket No. 8710
2-MP-EW-'82

electrician on November 25, 1978 violated the Agreement. However, consistent with the reasoning set forth in Award No .9254, we are persuaded that no compensation is due to Claimant.

The Agreement was violated.

A W A R D

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 die Brasch - Administrative Assistant

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