Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9272
SECOND DIVISION Docket No. 9399
2-CR-EW-182
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Council No. 7, International Brotherhood of
( Electrical Workers
Parties to Dispute: -
Consolidated ( Consolidated Rail Corporation (Conrail)
Dispute:Claim of Employes:
1. That under the current Agreement Electrician Michael Gardner was
improperly compensated on September 25, 1979, when the Consolidated
Rail Corporation (Conrail), moved him from his regularly assigned
position which is in violation of Rule 2-A-4(b).
2. That accordingly, the Consolidated Rail Corporation (Conrail), be
ordered to compensate Electrician Michael Cardner an additional
three (3) hours pay for September 25, 1979 as required by the
Agreement.
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.
Claimant was assigned as an Electrician at the Carrier's Diesel Terminal
at Avon, Indiana when on September 25, 1979 the Carrier dispatched him to
Martinsville, Indiana to troubleshoot a disabled diesel locomotive. The Claimant
claimed three (3) hours additional pay under Rule 2-A-4(b) which states:
"An employee, except in the application of paragraph (a) of this
rule, who, in other than emergency such as flood, snowstorm,
wreck, fire, etc., or to keep him fully occupied, is assigned to
perform work not comprehended in his regular assignment for a
period of more than thirty (30) minutes shall be allowed additional
straight time pay equal to the time so assigned with a maximum of
three (3) hours pay."
Eseentially, the Organization here contends that the work was neither an emergency
nor within the scope of work normally performed by the Claimant; it points to
Rule 2-A-1 (b) which requires assignments to be bulletined, specifying aspects
of such assignments including location. Here, the Organization asserts, the
Form 1
Page 2
Award No. 9272
Docket No. 9399
2-CR-EW-182
bulletin established the Avon, Indiana facility as the Claimant's work station
and a deviation as in this case results in a violation thereof.
According to the Carrier, on the date in question the Claimant was
properly in road service and properly compensated under Rule 4-H-1. The Carrier
also describes the work performed by the Claimant as an "emergency" as contemplated
by Rule 2-A-4(b); the Organization contends the Carrier's defense of emergency
was an after thought and not proven on the record.
What the record does not demonstrate is to whom such disputed work should
have been assigned if not the Claimant and others at the Avon facility. Obviously,
the diesel unit was disabled as per the Claimant's own statement establishing the
claim. It is also clear that work on his part was necessary to return the unit
to service. Rule 2-H-1 establishes the conditions for compensation for road
service and thus recognizes the potential for such work. While it is reasonable
to argue that the Bulletin establishing the Claimant's assignment could have
established road service as an expected part thereof, its exclusion does not
foreclose such work. In the instant case, we find no basis to conclude that the
Claimant was improperly assigned. We also note the nature of the work and conclude
that its assessment as an emergency was reasonable under the circumstances.
A W A R D
Claim is denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
7
By .fi.
;;~:> - - oo~
Roemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 28th day of July, 1982.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division