Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12458
SECOND DIVISION Docket No. 12143-T
92-2-90-2-283
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Baltimore and Ohio Railroad Company)
STATEMENT OF CLAIM:
1. That the Baltimore and Ohio Railroad Company violated Rule 125 of
the Controlling Agreement, when on June 25, 1989, Supervisor W. Rice removed at
two-way radio from locomotive unit 6034 and applied a two-way radio to locomotive unit 6109; and accordingly.
2. That the Baltimore and Ohio Railroad Company compensate Electrician Frank Grim an amount equal to two hours and forty (2:40) minutes at the
then effective straight time 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.
As Third Parties in Interest, the International Association of
Machinists and Aerospace Workers, the Sheet Metal Workers International
Association, the International Brotherhood of Firemen and Oilers, the United
Transportation Union Yardmasters Department, and the Joint Council of General
Chairmen were advised of the pendency of this dispute. 'The International
Association of Machinists and Aerospace Workers, the Sheet Metal Workers
International Association, the International Brotherhood of Firemen and
Oilers, and the United Transportation Union Yardmasters Department, filed a
Response with the Division. The Joint Council of General Chairmen advised
they would not file a Response with the Division.
Form 1 Award No. 12458
Page 2 Docket No. 12143-T
92-2-90-2-283
On June 25, 1989 the Carrier assigned a Supervisor to remove a
two-way radio from Locomotive 6034 and to apply the radio to Locomotive 6109
at its Locomotive repair facilities located at Cumberland, Maryland.
The Organization's claim alleges that the assignment violated Rule
125 of the Agreement because the work is reserved exclusively for Electricians. The Organization seeks "an amount equal to two hours and forty minutes
at the then effective straight time of pay."
In companion cases involving the same parties and virtually the same
issues, the Board denied the claims, partially on the grounds that the contested work, which also included an RDU unit as well as a Track Star Radio,
was de minimus in nature. See Second Division Awards 12238 and 12239. In the
present case the Board finds nothing in the facts and circumstances and the
arguments of the parties to justify a different conclusion.
The work performed by a Supervisor on June 25, 1989, of removing a
two-way radio from one locomotive to another, was, among other things, of a
de minimus nature. Accordingly, the claim is denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ,
Nancy J. D a -Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1992.