NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 Award No. 12542
Docket No. 12115-T
93-2-90-2-247
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Electrical
( Worlters
PARTIES TO DISPUTE:
(Consolidated Rail Corporation (Conrail)
STATEMENT OF CLAIM:
"1. Claim of Electrician W. E. Sebring for eight
(8) hours pay at the current overtime rate for
each named date, account the Consolidated Rail
Corporation improperly assigned others to
perform Electricians' work at Frontier Diesel
Terminal, Buffalo, New York on various named
dates from June 13 to August 7, 1989, as set
out in our- claims submitted to the Carrier for
each date of occurrence which are attached
hereto as our Exhibits 'A-2', and which are
covered bit Carrier's System Docket No. EL-30,
Albany Division Case No. 70-9-15-00031, file
. attached as our Exhibits 'A-1' to 'A-31'; and
2. Claims of Electrician W. E. Sebring for eight
(8) hours pay at the current overtime rate for
each named date, account the Consolidated Rail
Corporation improperly assigned others to
perform Electricians' work at Frontier Diesel
Terminal, Buffalo, New York on various dates
from June 13 to August 7, 1989, as set out in
our claims submitted to the Carrier for each
date of occurrence which are attached hereto
as our Exhibits 'B-1', and which are covered
by Carrier's System Docket No. E1-31, Albany
Division Case No. 70-9-14-00032, file attached
as our Exhibits 'B-1' to 'B-22'."
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.
Form 1 Award No. 12452
Page 2 Docket No. 12115-T
93-2-90-2-247 low
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 Party in interest, the International Association of
Machinist and Aerospace Workers was advised of the pendency of this
dispute and filed a submission with the Board.
Throughout the handling of this Claim, Carrier has challenged
the Organization to demonstrate just what work, reserved to
Electricians, a Machinist and/or Foremen performed on the dates of
claim. In this record the organization has not been specific.
Instead, only vague generalizations have been advanced that
Electrician's Craft work is being performed in violation of its
Agreement. Vague and generalized allegations are inadequate to
support a sustaining award. The claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
incy J. e r - Secretary to the Board
Dated at Chicago, Illinois, this 21st day of July 1993.