NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12515
Docket No. 12140-T
93-2-91-2-13
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of
(Electrical Workers, AFL-CIO
(System Council No. 2
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM
"1. That the Missouri Pacific Railroad Company
violated Rules 25 and 107(a) of 'the June 1, 1960
controlling agreement,, Article III of the September 25,
1964 National Agreement, amended by the Letter of
Understanding dated December 12, 1979, when Foreman G. W.
Davis at approximately 3:00 A.M., performed electricians'
work on November 26, 1989, thus depriving.Electrician H.
L. Head of this contractual rights under the provisions
of the agreements at North Little Rock, Arkansas.
2. That accordingly, the Missouri Pacific Railroad
Company be ordered to (1) compensate Electrician H. L.
Head two (2) hours and forty (40) minutes at time and
one-half the straight, time rate in effect for November
26, 1989: (2) that the Carrier cease and desist the
practice of assigning other than electricians to do work
recognized as work of the Electrical Workers' craft; (3)
in addition to the money amounts claimed herein, the
Carrier shall pay Claimant an additional amount of 6% per
annum compounded annually on the anniversary date of the
claim."
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 employe 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.
Form 1
Page 2
Award No. 12515
Docket No. 12140-T
93-2-91-2-13
Parties to said dispute waived right of appearance at hearing
thereon.
As Third Party in Interest, the American Railway and Airway
Supervisors Association was advised of the pendency of this
dispute, but chose not to file a Submission with the Division.
The facts in this record demonstrate that one of Carrier's
Supervisors performed work of the Electrical Craft when he
attempted to trouble shoot, inspect, and repair problems connected
with a sounding alarm bell and a ground relay light activated on a
locomotive consist on November 26, 1989, at Carrier's North Little
Rock, Arkansas, facility. Carrier concedes that the Supervisor
performed the disputed work, however, it suggests that it was only
"audit work" necessitated because the Electricians assigned were
experiencing difficulty in locating the malfunction. In the
circumstances present the work should have been completed by Craft
employees. The Claim will be sustained at straight time rates.
Interest will not be allowed.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest . .` -~ s
ncy J. er - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of March 1993.