Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10369
SECOND DIVISION Docket No. 9277-T
2-B&A-EW-'85
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:
( Bangor and Aroostook Railroad Company
Dispute: Claim of Employes:
1. That the Bangor and Aroostook Railroad Company violated the controlling
Agreement when they assigned other than Electrical Workers to perform
work under the scope of the electrical craft Agreement on September 21,,
1980.
2. That accordingly, the Bangor and Aroostook Railroad Company be ordered
to compensate Electrician J. N. Decker, three (3) hours pay at the
prevailing rate of straight time pay for September 21, 1980.
3. That the Bangor and Aroostook Railroad Company desist in removing the
work from the electrical craft and assigning the work to other crafts.
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.
On Sunday, September 21, 1980, a Hostler at Northern Maine Junction replaced
a head light on the lead unit of Northbound Freight No. 57. It took him about
ten minutes to perform the change. Electrician J. N. Decker, a regular Electrician
at the Northern Maine Junction engine house, filed a claim for three hours' pay
at the straight time rate, account Carrier assigned other than Electrical Workers
to perform work covered under the Scope Rule of the Electricians' Agreement.
Carrier denied the claim,
contending that
the only employe available to
perform the work was a Hostler and that the work was of a de minimus and incidental
nature. Employes other than Electricians can perform minor electrical repairs
under those conditions.
This Board has reviewed the record and the Agreement language pertinent to
this dispute (Rule No. 108, Classification of Electrical Work, and Attachment No.
1 of the December 4, 1969 Memorandum, The Incidental Service Rule) and must conclude
the Carrier was not in violation of either Agreement when it directed the Hostler
to change the head light under the conditions that existed here.
Form 1 Award No. 10369
Page 2 Locket No. 9277-T
2 -B&A-EW- ' 85
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~iZ5~44~
Nancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 17th day of April 1985.