Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10493
SECOND DIVISION Locket No. 10237
2-CR-EW-'85
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Dnployes:
1. That under the current Agreement the Consolidated Rail Corporation
(Con rail) improperly failed to compensate Harrisburg, Pa. Electrician D. W.
Seigler an additional three (3) hours' pay due him under Rule 2-A-4(b) when it
assigned hm to work not comprehended in his regular assignment.
2. That accordingly the Consolidated Rail Corporation (Con rail) be ordered
to compensate Electrician D. W. Seigler an additional three (3) hours' pay at
straight time applicable Electrician's rate.
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, at the time of this dispute, held a regular assigned
Electrician Position at the Harrisburg, Pa. Locomotive Terminal. On August 3,
1981, the Claimant performed work for a part of his tour of duty on diesel
units at the Rutherford yards, located at a distance of about three miles from
the Harrisburg Terminal. It is this assignment of work that is under dispute
because the Organization asserts that the Claimant perfomed work not within his
regular assignment. in this respect, the Organization relies upon its
construction of Rule 2-A-4(b) of the Parties' Agreement to support the claim
for three hours of additional compensation.
There is no dispute that the work performed by the Claimant was within his
craft and class. Moreover, there is no dispute that it was performed at a
location where no Electrician is regularly employed, within his seniority
district.
The Carrier essentially argues that the Claimant was properly assigned
work under the provisions of Rule 4-H-1. It construes that rule as allowing
work to be performed at points other than those specified in bulletined
assignments. Therefore, the payment provisions of Rule 2-A-4(b) are
inapplicable herein.
Form 1 Award No. 10493
Page 2 Docket No. 10237
2-CR-EW-185
Ivw
While there are certain procedural
contentions, the
Board is of the
opinion
that the claim can be decided on the merits, as discussed below.
The Carrier, among other arguments, relies upon an earlier claim which it
identifies as "System Docket No. CR-1890" and which it contends is identical in
principle to the claim here. However, the Board notes that the record before
it contains only one page of a letter dated July 1, 1981, which refers to the
above-cited claim. It lacks a signature page and, therefore, under the
circumstances, the Board did not consider it in arriving at this award.
The Board finds, under the facts and circumstances here, that the
Carrier's arguments are persuasive. The organization's position essentially is
based on a location of work argument. The Board would note that location is not
mentioned in the rule, and absent evidence as to what the Parties intended when
they formulated Rule 2 A-4(b), as relied upon by the Organization, we find that
Rule 4-H-1 is controlling and that the Carrier's construction of it is not
unreasonable.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Crder of Second Division
1,2
Attest:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1985.