Form 1
NATIONAL RAIIROAD ADJUSTMENT
BOARD Award No. 9335
SECOND DIVISION
Docket No.
9231
2-MP-EW-183
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. Jack Storment, Supervisor,
did in fact assign himself to work performed exclusively by Communications
Maintainer in that between 1:30 P.M. and 2:30 P.M., Wednesday, November
21,
1979
he rewired the Micor-wave channel
3
at Gorham, Illinois.
2. That accordingly, the Missouri Pacific Railroad Company be ordered to
compensate Communications Maintainer W. Hawkins for Wednesday, November
21,
1979,
two hours and forty minutes (2'x+0") at class
3
overtime.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employs or employes involved in this dispute
are respectively carrier and employs 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.
Prior to November
1979,
Carrier began experiencing difficulty on the
lower microwave channels on its microwave system located at its base radio
stations at Gorham, Benton and Bush, Illinois. On November
19, 1979,
in an
effort to alleviate the problem, Supervisor J. W. Storm2nt sent Communications
Maintainer W. Hawkins to Bush, Maintainer H, Heise to Gorham and Maintainer H.
Hawkins to Benton for the purpose of putting the Centralized Traffic Control
(CTC) Signal System on Channel
7,
a clear channel, in place of Channel
3.
On November
21,
1979,
Supervisor Storment made an inspection of the three
microwave towers to check on the work performed by the three maintaLnersWwo days;
previous. While at the Gorham base radio station, Supervisor Stoxment reversed
two wires for the modulator and demodulator on Channel
3.
Apparently, the pair
of wires had been turned over by Maintainer Heise while he worked at Gorham on
November
19, 1979.
The Organization maintains that Supervisor Storment acted in violation of
Rules 1 and 242 of the Agreement when he rewired the modulator and demodulator
Form 1 Award No. 9335
Page 2 Docket No.
9231
2-MP-Ew-'83
on November
21, 1979.
These rules read, in relevant part:
"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 communication work;
...
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."
"Rule
24
SENIORITY
(a) Seniority of employes in each class covered by this
Agreement shall be coextensive with the scope of this
Agreement."
According to the Organization, the Scope rule clearly requires that all
installation and repair of microwave systems must be performed exclusively by
employes covered by the Agreement. Since Supervisors are not covered by the
Agreement, the repair of Channel
3
at Gorham could not properly have been done
by Supervisor Storment. Instead, Communications Maintainer W. Hawkins should
have been assigned this work. Thus, the Organization seeks compensation for
Claimant W. Hawkins for two hours and forty minutes at the Class
3
overtime rate
for work which he should have been assigned.
Carrier, on the other hand, insists that there was no violation of the
Agreement. It notes that Supervisor Storment was properly inspecting work
performed by Maintainer Heise. In Carrier's view, a necessary element of
inspecting of work is the correction of errors committed by unit employes.
This is particularly true where the correction was a very simple one which took
only fifteen minutes to accomplish.
Furthermore, Carrier points out that Claimant is a monthly rated employe.
Therefore, even if Claimant had been instructed to go to Gorham to correct the
error, he would not have been additionally compensated, since his monthly rate
covers non-emergency repairs of this type. Accordingly, Carrier asks that the
claim be denied.
Form 1
Page
3
Award No. 9335
Docket No.
9231
2-MP-EW-'83
The Scope rule in the Agreement is specific in nature. It clearly indicates
that unit members are to repair microwave systems. In addition, the "Note"
below the rule suggests that Supervisors may not repair equipment of the type
mentioned in the rule. It indicates that the Rule may not prohibit a Supervisor
from "inspecting" and "testing" equipment in the performance of his duties.
Thus, by omitting such terms as "correcting" and "repairing", the Note implies
that the supervisor may neither correct nor repair equipment in the performance
of his or her duties.
It would have been relatively simple for the Scope rule to allow repairs
and correction of equipment, in addition to inspecting and testing. This the
parties chose not to do and they are bound by their Agreement.
As to the issue of a remedy, Carrier argued that none is appropriate sire e
Claimant's monthly rate contemplates performance of the type of work involved in
this dispute. We do not agree. It
is
axiomatic in railway labor relations that
a remedy is ordinarily appropriate where an agreement is violated. Here, as a
result of Carrier's violation, work performed by Supervisor Storment should
have been assigned to Claimant, thereby increasing his work day.
Inasmuch as the work in question was "ordinary maintenance work", Claimant
is entitled to be paid at the time and a half rate in accordance with the
requirements of Rule
3
- Monthly Rated Employes. Accordingly, we will order that:
Claimant be compensated for two hours and forty minutes (a "call") at the class
3
time and a half rate in effect on November
21, 1979·
A W A R D
Claim sustained.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATm NAZ
RAI?.ROAD ADJUSTMENT BOARD
By Order of Second Division
By
s rie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 5th day of January, 1983.