NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12595
Docket No. 12462
93-2-91-2-281
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Electrical
(Workers
PARTIES TO DISPUTE:
(Bessemer and Lake Erie Railroad Company
STATEMENT OF CLAIM:
"Claim submitted to General Foreman E. W.
Richardson, Bessemer and Lake Erie Railroad
Company by the Local Committee dated January
8, 1991, as follows:
Dear Mr. Richardson:
At the request of Traveling Electric Crane
Operator E. R. Riley, I am submitting a time
claim for work performed by another craft.
Traveling Electric Crane Operator R. S. Boyd
was on vacation December 24 thru December 28,
1990. Electricians operated the cranes during
this period.
This is in violation of the National Agreement
and Rule 13(D) in particular. Rule 13(D)
states: "The junior qualified employee shall
be assigned to fill vacation vacancies." Mr.
Riley was furloughed and was available for
work. He is the junior qualified employee on
the Traveling Electric Crane Operators' Roster
and should have been assigned to fill the
vacation vacancy. Mr. Riley has filled the
vacation vacancy of the Back Shop Crane
operator in then past. A vacation vacancy is
to be filled the full eight hour days of the
employees vacation or the position blanked
until the regular employee returns from
vacation.
We are asking for eight (8) hours pay at the
current Traveling Electric Crane Operators'
rate of pay for December 26, 27, and 28, 1990,
for a total of twenty-four (24) hours."
Form 1 Award No. 12595
Page 2 Docket No. 12462
93-2-91-2-281
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.
Parties to said dispute waived right of appearance at hearing
thereon.
The issue in this claim is the same as that which this Board
addressed in Second Division Awards 12371 and 12372. We find here
for the same reasons as we did in those Awards, that there is no
basis for the claim.
A W A R D
Claim denied. `~""'
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
6-1
Catherine Loughrin - Im~erim Secretary to the Board
Dated at Chicago, Illinois, this 13th day of October 1993.