Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12369
SECOND DIVISION Docket No. 12323
92-2-91-2-140
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:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
1. That the Soo Line Railroad Company violated the current agreement, particularly Par. (1) when it assigned Electronic Technician J. K.
Martinovich, on November 4, 11, 18 and 25, 1984, to work on communication
equipment in the Radio Shop at Shoreham without the supervision of a
Communication Maintainer.
2. That, accordingly, the Soo Line Railroad Company should be
ordered to compensate the Claimant F. L. Anderson, for eight (8) hours at the
rate of time and one half, for each of the above mentioned dates, at the
current rate of pay.
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.
This claim arose because the Claimant asserted that an Electronic
Technician was allowed to perform his duties without the supervision of a
Communication Maintainer. In claiming the violation to the Agreement, the
Claimant relies upon the Electronic Technician Classification which contains
language to the effect that the Technician works under the "supervision of a
Communication Maintainer."
Form 1 Award No. 12369
Page 2 Docket No. 12323
92-2-91-2-140
The Organization, on the property, has advanced its claim mainly
based on the assertion that the Carrier's interpretation of the Agreement is
erroneous and unrealistic. However, it has not met its burden of proof on the
property of showing that the Agreement has been violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~~Z - .
Na~nc'y J. r - Executive Secretary
Dated at Chicago, Illinois, this lst day of July 1992.