Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10818
SECOND DIVISION Docket No. 10108
2-CR-EW-186
The Second Division consisted of the regular members and in
addition Referee Steven Briggs 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) failed to
notify the Claimants or their representatives, who filed the
claim, within the time limits set forth in Rule 4-P-1(a) of
the Agreement that the claim was to be denied.
2. That under the current Agreement the Consolidated Rail
Corporation (Conrail) improperly failed to pay an
additional three (3) hours under Rule 2-A-4(b) to
Electricians V. F. Manganelli and J. V. DiNapoli when it
assigned them work not comprehended within their regular
assignment.
3. That accordingly, the Consolidated Rail Corporation (Conrail)
be ordered to pay each of the aforenamed Claimants an
additional three (3) hours' pay at straight time for each date
that is assigned them to work not comprehended in their
regular assignment, as follows:
B&B Electrician V. F. Manganelli
October 7, 9, and 14, 1980
December 1, 2, 3, 4 and 29, 1980
B&B Electrician J. V. DiNapoli
October 7, 9, and 14, 1980
November 10, 21 and 25, 1980
December 1, 2, 3, 4, 9 and 29, 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.
Form 1
Page 2
Award No. 10818
Docket No. 10108
2-CR-EW-'86
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 Claimants are regularly assigned Electricians at the Carrier's Beacon
Park, Massachusetts facility. Their regular work hours are Monday through
Friday, commencing at 7:00 a.m.
Due to emergency snow conditions, the Carrier assigned the Claimants to
work outside of their Seniority District as follows:
V. Manganelli -
Oct.
Oct.
Oct.
De c.
Dec.
Dec.
De c.
Dec.
J. DiNapoli - Oct.
Oct.
Oct.
Nov.
Nov.
Nov.
Dec.
Dec.
Dec.
Dec.
Dec.
Dec.
7, 1980 (7:00 a.m.-5:30 p.m.)
9, 1980 (7:00 a.m.-7:00 p.m.)
14, 1980 (7:00 a.m.-7:00 p.m.)
1, 1980 (7:00 a.m.-7:30 p.m.)
2, 1980 (7:00 a.m.-6:30 p.m.)
3, 1980 (7:00 a.m.-8:00 p.m.)
4, 1980 (7:00 a.m.-5:30 p.m.)
29, 1980 (7:00 a.m.-1:30 p.m.)
7, 1980 (7:00 a.m.-5:30 p.m.)
9, 1980 (7:00 a.m.-6:30 p.m.)
14, 1980 (7:00 a.m.-7:00 p.m.)
10, 1980 (7:00 a.m.-3:30 p.m.)
21, 1980 (7:00 a.m.-6:30 p.m.)
25, 1980 (7:00 a.m.-6:30 p.m.)
1, 1980 (7:00 a.m.-7:30 p.m.)
2, 1980 (7:00 a.m.-6:30 p.m.)
3, 1980 (7:00 a.m.-8:00 p.m.)
4, 1980 (7:00 a.m.-5:30 p.m.)
9, 1980 (7:00 a.m.-3:30 p.m.)
29, 1980 (7:00 a.m.-10:30 p.m.)
The Claimants requested an additional three hours' pay under Rule
2-A-4(b) of the Agreement for each of the days listed above on the basis that
they had been assigned outside their normal seniority district and had
performed work not comprehended in their regular assignments.
The Carrier maintains that the above Claim was not received by its
Division Engineer until April 6, 1981, and is therefore in violation of Rule
4-P-1 and procedurally defective.
The Organization asserts that the Claim was presented to the Division
Engineer via Certified Mail on January 16, 1981, and that receipt of same was
acknowledged by signature of a Carrier representative. Furthermore, the
Organization charges that the Carrier failed to notify the Local Chairman of
its decision in the Claim within the time limits prescribed in Rule 4-P-1(a).
Rule 4-P-1 is quoted below:
"A claim or grievance must be presented in writing by an
employee or on his behalf by his union representative
to the employee's General Foreman of other designated
Form 1 Award No. 10818
Page 3 Docket No. 10108
2-CR-EW-'86
official within sixty (60) days from the date of the
occurrence on which the claim is based. Should any
claim or grievance be denied, the General Foreman shall,
within sixty (60) days from the date same is filed, so
notify, in writing, whoever filed the claim or grievance
(the employee or his representative). If not so notified
the claim or grievance shall be allowed as presented."
The Board is convinced from the record that the Claim was filed with the
Carrier on January 16, 1981. Moreover, since the Carrier did not provide
notification of its denial of the Claim within the contractually specified 60
days, we find that the Carrier is in violation of Rule 4-P-1(a). We therefore:
have determined that a consideration of the merits in this case is not
necessary.
The Board also notes, however, that some of the occurrences upon which
the Claim is based are outside the scope of the employees' 60-day time limit
for filing (also under Rule 4-P-1). Accordingly, the Claim is sustained for
the following days:
Manganelli - Dec. 1, 2, 3, 4 & 29, 1980.
DiNapoli - Nov. 21, 25, 1980; Dec. 1, 2, 3,
4, 9 & 29, 1980.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. VCKr - Executive Secretary
Dated at Chicago, Illinois this 16th day of April 1986.