Form 1 NATIONAL RAILRAD ADJUSTMENT BOARD Award No. 10275
SECOND DIVISION Locket No. 9697-T
2-CR-MA-185
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( International Association
of Machinists and Aerospace Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Carrier violated the Controlling Agreement when Claimant was
used to perform work not comprehended in his assignment, to perform work
of fueling locomotives,
connection and
disconnecting Barco Connectors for
steam, repairing steam generators and. other pipefitters work, this work
is performed at South Amboy Engine House by laborers and pipefitters by
years of practice and agreement.
2. That the Carrier be required to compensate Machinist G. Garetto three (3)
hours pay at the applicable rate for January 5, 6, 12, 19, 26, 1980,
February 2, 1980.
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 employes 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 alleges that during his tour of duty on January 5, 6, 12, 19 and
26, 1980, and on February 2, 1980, he was required to perform pipefitters and laborers
work. The work in question consisted of fueling locomotives; connecting and disconnectin
Barco connectors; repairing steam generators; and splitting locomotives. These
tasks, the Claimant asserts, were not comprehended in his regular assignment. Be
has thus claimed an additional three (3) hours pay for each date that he was required
to perform them. He has cited Rule 2-A-4(b) to support his claim for the additional
compensation.
The Claimant has not convinced this Division that he has performed any pipefitters'
duties on the foregoing dates. Nor are we persuaded that he performed any laborers'
duties on any of these dates since the fueling of engines at the South Amboy Engine
House is not a task that has been reserved exclusively to any one Craft. Indeed,
the evidence demonstrates that Machinists assigned to the "B" tour of duty on Saturdays
and Sundays have performed this function for many years. Consequently, the work in
dispute was part of Claimant's regular assignment on January 5, 6, 12 and 26, 1980,
and on February 2, 1980, despite Claimant's assertion to the contrary.
Form 1 Award No. 10275
Page 2 Docket No. 9697-T
2-CR-MA-'85
Since the Claimant has been required to perform tasks that have traditionally
been assigned to Machinists, there is no basis for his claim that he was instructed
to fulfill either pipefitters' or laborers' work. Accordingly, there is no contractual
support for the additional compensation sought, and the instant claim must be denied
as a result.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy .ever -Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1985.