Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11437
SECOND DIVISION Docket No. 11038-T
88-2-85-2-151
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM:
1. That the Terminal Railroad Association of St. Louis violated Rules
26, 85 and 86 of the April 1, 1945 controlling agreement, and Article III of
the September 25, 1964 National Agreement when the Carrier assigned Machinist
Bowen and Foreman Ochoa to change the forward reverser on Engine 1502 thereby
depriving Electrician B. R. Odour of his contractual rights to said work under
the provisions of the Agreement on April 6, 1984.
2. That, accordingly, Carrier be ordered to compensate Electrician H..
R. Odour two (2) hours and forty (40) minutes at time and one-half (1 1/2) for
April 6, 1984.
FINDINGS:
The Second Division of the Adjustment Board upon the whole record anal
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.
As third parties in interest, the American Railway & Airway Supervisors Association and The International Association of Machinists & Aerospace
Workers were advised of the pendency of this dispute. The International Association of Machinists & Aerospace Workers filed a Submission with the Division, American Railway & Airway Supervisors Association did not file a Submission with the Division.
At the time of this incident, Claimant was employed as a first-shift:
electrician by the Carrier. On April 6, 1984, Machinist Bowen and Foreman
Ochoa changed the forward reverser on Engine 1502 at Carrier's Madison Yard.
The Organization thereafter filed a time claim on Claimant's behalf, asserting
that this work is electrical craft work.
Form 1 Award No. 11437
Page 2 Docket No. 11038-T
88-2-85-2-151
This Board has reviewed the evidence in this case, and we find that
the Organization has failed to meet its burden of proof that the Carrier was
guilty of a rule violation. Therefore, the claim must be denied.
A W A R D
Claim denied
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 16th day of March 1988.
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