Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9729
SECOND DIVISION Docket No. 9821
2-CR-EW-183
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
( Consolidated Rail Corporation
DISPUTE: CLAIM OF EMPLOYES:
1. That the Consolidated Rail Corporation (Conrail) violated Rule 2-A4(b) of the May 1, 1979 Agreement, as amended, when Electrician R. L.
Elam was unjustly compensated when he was moved from his bulletined
position and assigned to perform work not comprehended within his
regular assignment on May 5, 1980 at Buckeye Diesel Terminal, Columbus,
Ohio.
2. That accordingly, the Consolidated Rail Corporation (Conrail) be
ordered to compensate Electrician R. L. Elam an additional three (3)
hours pay at the pro rata rate for May 5, 1980 in compliance with
Rule 2-A-4(b) of 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.
The Claimant is assigned to a regular position identified as Electrician
(inside) Diesel Locomotive Repairs, in accordance with his bid. For approximately
six hours, on May 5, 1980, he was assigned to perform diesel locomotive repairs
at the pad which is designated by the Carrier as "outside".
The Organizatiaon states the record establishes electricians working inside
assignments are assigned separate locker, lunch, and washroom facilities from
those electricians working outside assignments, such as the pad. The organization
points out that inside vs. outside locomotive repair is distinguished in Carrier
bulletins soliciting bids or applications for position. Essentially, the Organization
argues that outside work is not comprehended within the Claimant's regular
assignment and, in effect, is a different position which entitles him to payment
in accordance with Rule 2-A-4(b).
There is no dispute over the work involved. The Claimant was assigned to
diesel locomotive repairs. Clearly, examination of the bulletins soliciting
bids for electricians indicates the major duties for both inside and outside
are "Diesel Locomotive Repairs". This Board cannot conclude the work assigned
to the Claimant involved duties other than comprehended within his regular
assignment.
Form 1
Page 2
Award No. 9729
Docket No. 9821
2-CR-EW-183
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of Second Division
ATTEST:
_~ _~~
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of November 1983.