Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9259
SECOND DIVISION Docket No. 8750
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; Article III
of the September 25, 1964 Agreement when Mr. G. W. Smith, Trainmaster,
assigned himself to perform Communications Maintainers' work in that
he did remove the complete radio installation from Carrier's Mobile
Truck No. 5490 on Thursday, December 14, 1978.
2. That, accordingly, Carrier be ordered to compensate Communications
Maintainer J. J. Hoggard for Thursday, December 14, 1978, four
hours (4') at the punitive rate.
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 imTOlved 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.
Claimant, J. J. Hoggard, is a Communications Maintainer headquartered at
Poplar Bluff, Missouri. His regular work week is Monday through Friday, 7:00 a.m.
to 4:00 p.m., standby day Saturday with Sunday as his rest day.
It is the practice for Carrier to accept bids on the sale of old and new
trucks. Carrier had on its property, at the time of this dispute, Mobile Truck
No. 5490. Carrier was desirous to replace Mobile Truck No. 5490 with a new truck.
On Thursday, December 14, 1978, Claimant was in North Little Rock, Arkansas,
in a training school for Communication Maintainers as part of Carrier's retraining
program when new equipment is introduced. On that day, Carrier needed to have a
radio removed from Truck No. 5490 because the truck was to be traded that day.
Because Claimant was at the training program, the Trainmaster assigned himself to
perform the removal of the radio. This amounted to removing a radio mounting
base fastened to the side of the truck with metal screws; removing a control that
was fastened to the dashboard with metal screws; and removing an antenna mounted
through a hole atop the truck's roof; and removing power wiring from the battery
to the control head in mounting base and removing the control wiring from the
mounting base to the control head.
Form 1 Award No. 9259
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2-MP-EW-'82
The Organization claims that Carrier's action in allowing a trainmaster to
perform the work violated Rule 1, Scope and Rule 24, Seniority. These state:
"RULE 1. SCOPE
This Agreement governs the rates of pay hours of service and
working conditions of all employes in the Communications Department
specified in this Agreement engaged in the construction, installation,
maintenance, repairs, inspection, dismantling and removal of telephone and telegraph transmission and switching systems and
associated equipment such as telephone, telegraph, and teletype
equipment, fixed and mobile radio used for railroad operational
purposes,
(including microwave
systems), closed circuit television,
interoffice communications systems, yard speaker systems, and all
work generally recognized as communications work; provided, however,
that this will not prevent others acting under the direction of a
Communications Supervisor or District Officer from utilizing spare
equipment limited to plug-in modular units requiring no specialized
knowledge or skills to restore service in cases of emergency.
NOTE: Nothing above shall prohibit a Supervisor in the Communications
Department from inspecting and testing communications equipment
and circuits in the performance of his duties.
RME 24. SENIORITY
(a) Seniority of employes in each class covered by this Agreement
shall be coextensive with the scope of this Agreement."
Carrier, on the other hand, argues that it did not violate the Agreement.
First, it asserts that Claimant was not available to perform the work because he
was at the retraining program. Second,assuming that Claimant was entitled to perform
the work, Carrier argues that he is nevertheless entitled to no more money because
he is a monthly paid employe.
Even a cursory review of the Scope Rule indicates that the work performed
by the trainmaster should have been performed by a covered employe. Moreover, the
evidence introduced on the property indicates that this type of work has been
exclusively performed by communication maintainers. In fact, Claimant was the one
who installed the radio into Truck No. 5490.
Thus, we are persuaded that Carrier's action in allowing the trainmaster
to perform the work was improper. Numerous Second Division Awards substantiate
the argument that a trainmaster has no right to perform craft work. See Awards
1761, 1771, 2146, 2492, 2985.
However, we are persuaded that Claimant is entitled to receive no compensation here. First, the record evidence indicates that Claimant was not
available to perform the work on the day in question. While the Organization
argued that Carrier could have delayed trading in the truck, there is absolutely
nothing in the Agreement that would require Carrier to delay the work in question.
Thus, because Claimant was at retraining school, and because there is no evidence
Form 1 Award No. 9259
Page 3 Docket No. 8750
2-MP-EW-'82
to indicate that he was sent there in order to avoid having him perform the
disputed work, we must conclude that Claimant was not available to perform the work.
Second, assuming arguendo that Claimant was available to perform the work,
he nevertheless would be entitled to no extra compensation. As a monthly rated
employe, Claimant receives a monthly salary to cover all services rendered in
this type of situation. All the work that he would have been called for would
have been done during his normal bulletin hours. As such, Claimant has sustained
no financial loss.
A W A R D
Claim sustained to the extent indicated in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
oremarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this, 28th day of July, 1982.