C:\AWARDS\OUT\2-09309.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9309 SECOND DIVISION Docket No. 8937-T
2-HB&T-EW-'82 The Second Division consisted of the regular members and in addition Referee Rodney E. Dennis when award was rendered. ( International Brotherhood of Electrical Workers Parties to Dispute: ( Houston Belt and Terminal Railway Company Dispute: Claim of Employes:

I. That the Houston Belt and Terminal Railway Company violated Rules 22 (a) and (b), 100, and 102 of the September 1,

1949

controlling agreement, and, Article III of the September 25,

1964

Agreement when they assigned Cayman S. L. Lamont from x+:30 p.m. to x:00 p.m. to operate the overhead electric traveling crane on Thursday, October

4, 1979,

thereby depriving Electrician 0. A. Wooldridge of his contractual rights to said work under the provisions of the Agreements at Houston, Texas.

2. That, accordingly, Carrier be ordered to compensate Electrician 0. A. Wooldridge two hours and forty minutes (2'x+0") at the overtime rate for Thursday, October

4, 1979.

In addition to money amounts claimed herein the Carrier shall pay Claimant an additional amount of

6°lo

per annum compounded annually on the anniversary date of the claim.

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, 193+.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

On October 4, 1979, a Cayman and an Electrician worked together to remove eight batteries from a diesel engine. The carman operated the overhead electrical traveling crane while the Electrician worked on the engine. The work. took one and one-half hours from x+:30 P.m. to 6:00 p.m. The Organization filed a claim contending that the operation of the crane is work reserved to Electricians and that, as such, an Electrician should have been assigned the work rather than a Cayman. It requests two hours and 40 minutes at the overtime rate as compensation for Electrician 0. A. Wooldridge who has been designated as Claimant in this case. Form 1 Award No. 9309 Page 2 Docket No. 8937-T
2-HB&'T-EW-'82 Carrier denies the claim on the basis that operation of the crane is not the exclusive work of Electricians and that the Electrician assigned to battery changing operation could. have operated the crane if he wanted to. He chose instead to allow the Carman to do so. Therefore, no claim should have been filed. After a review of the record of this case, Award No. I of Public Law Board No. 1476, and Second Division Award No. 8078, this Board must sustain the instant claim. Award No. 1 of PLB 176 and Second Division Award No. 8078 involving this Carrier and this Organization have settled the issue of the right of Electricians to operate the electrical traveling crane in Carrier's Houston shop. We see no basis in the record of this case to decide contrary to those awards. We shall sustain the instant claim, but without payment of interest, as we have consistently held.

A W A R D

Claim sustained. NATIQJAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attests Acting Executive Secretary National Railroad Adjustment Board By c,r marie Brasch - Administrative Assistant Dated t Chicago, Illinois, this 29th day of September, 1982.