NATIONAL :RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12596
' Docket No. 12463
93-2-91-2-282
The Second Division consisted of the regular members and in
addition Referee Joan 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.
During the week of December 3 thru December 7,
1990, the electricians operated the Overhead
Car Shop Cranes. On December 5, 1:30 hours,
December 6, 3 hours, and December 7, 1:30
hours.
This is in violation of the National Agreement
and Rule 16 in particular. Rule 16 gives the
Crane Operator=c a seniority roster and there
are no electricians listed on that roster. It
is a clear violation of Mr. Riley's rights, to
be furloughed, available for work, and the
company use an employee from another craft to
fill his positi -on. No where in the Controlling Agreement or any Local Agreement, does
the company have the right to furlough any
employee and cross craft lines to fill his
position.
We are asking for eight (8) hours pay at the
current Traveling Electric Crane Operators'
. rate of pay for December 5, 6, 7; 10, 11,
1990, for a total of forty (40) hours. The
five day request is being made under Rule 3
which requires a position to be five days.
There is no provision for working less than
Form 1
Page 2
FINDINGS:
five days except by local agreement, or the
filling of a vacancy."
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, 12372 and 12594. 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.
Attest:
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Catherine Loughrin - thterim Secretary to the Board
Dated at Chicago, Illinois, this 13th day of October 1993
Award No. 12596
Docket No. 12463
93-2-91-2-282