NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10743
SECOND DIVISION Docket No. 10561
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Duluth, Missabe and Iron Range Railway Company
Dispute: Claim of Employes:
1. That the Duluth, Missabe and Iron Range Railway Company violated
Rule 74 of the current Shopcraft Agreement when it wrongfully assigned a Radio
Department employe to install on a board relays, and terminal strips and to
also wire these items on March 25 and 28, 1983.
2. That, accordingly, the Duluth, Missabe and Iron Range Railway
Company be ordered to pay Electrician T. C. Barby eight (8) hours pay at the
straight time rate for electricians.
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 March 25, 1983, it was necessary that certain work of an
electrical nature be performed at Carrier's Proctor Scale House. The Carrier
states that it was necessary that a "relay and terminal board" be constructed
and wired. The Carrier assigned the work to an employe of the Communication
Department, with the title of Radio Technician, and who held seniority in the
Communication Department only. Upon complaint of a representative of the
Electrical Workers that the work should have been assigned to an Electrician,
the Carrier removed the Radio Technician from the assignment and replaced him
with an Electrician, the Claimant herein.
The Carrier states that the Claimant completely re-did the work which
the Radio Technician had started and saw the project through to completion.
This contention of the Carrier is not controverted.
We have carefully reviewed Rule 74 of the applicable Agreement,
described by the Organization as the Classification of Work Rule for
Electricians - not Radio Technicians. From our review of Rule 74 and the
entire record before the Board, we conclude that the work involved was
Form 1 Award No. 10743
Page 2 Docket No. 10561
2-DM&IR-EW-'86
properly assigned to an Electrician. We will sustain the claim of a violation
of Rule 74. However, as the Claimant completely re-did the work which the
Radio Technician had started and completed the work, he suffered no loss and
the monetary portion of the Claim will be denied.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~(ancy J.
W
- Executive Secretary
Dated at Chicago, Illinois, this 19th day of February 1986.