Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12371
SECOND DIVISION Docket No. 12338
92-2-91-2-128
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:
(Bessemer and Lake_Erie Railroad Company
STATEMENT OF CLAIM:
Claim identified as Case 83 - Claim by Traveling Crane Operator R. S.
Boyd for five (5) hours straight time pay at the current rate of pay for crane
operators, because on August 11, 1990 electricians were called out on overtime
and operated the overhead cranes.
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_
Electricians working overtime during the course of repairing traction
motors operated an overhead crane for a period that was less than one hour.
The Claimant asserts that pursuant to Rule 94 he should have been called for
the overtime work.
The substance of the Carrier's denial of the claim as set forth in
its letter of April 19, 1991, was not rebutted by the Organization on the
property. As claimed by the Carrier for some thirty-five years, the parties
have applied what they considered to be the clear and unambiguous language of
Rule 94, paragraph 6. There is no basis to sustain the claim.
A W A R D
Claim denied.
Form 1 Award No. 12371
Page 2 Docket No. 12338
92-2-91-2-128
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 1st day of July 1992.