Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12062
SECOND DIVISION Docket No. 11967
91-2-90-2-106
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:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That in violation of the current Agreement, Rules 26 and 48 in
particular, the Burlington Northern Railroad Company arbitrarily assigned
Communications Department Electronic Technicians to perform work which should
have been performed by a Communications Department Cable Splicer, Class 1-C.
The violation occurred on September 16, 1988 through September 29, 1988.
2. That accordingly the Burlington Northern Railroad Company be
ordered to compensate Shop Equipment Repairman J. P. Ehlers, who is headquartered at Seattle, Washington in the amount of 160 hours at the punitive
rate of pay for a Cable Splicer, Class 1-C in which Class the Claimant holds
seniority.
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 Board has carefully reviewed the record and finds that the Claim
must be dismissed without giving consideration to the merits of this dispute.
The Organization's original Claim requested payment for 160 hours at the overtime rate. However, during the appeal proceedings, the Claim was amended to
include a Claim for three days in addition to the 160 hours in the original
Claim.
Form 1 Award No. 12062
Page 2 Docket No. 11967
91-2-90-2-106
Given this state of the record, we must conclude that there is a
substantial variance between the original and the amended Claims. Accordingly, the Claim is procedurally defective because it violates Section 3,
First (i) of the Railway Labor Act.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
,.
Attest: _
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 5th day of June 1991. -
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