NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award
No.
12703
Docket
No.
12533
94-2-92-2-59
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(International Brotherhood of Electrical
(Workers
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
111.
That in violation of current controlling
Agreement, at the Kansas City Yard, the St.
Louis Southwestern Railway Company, improperly
assigned Fireman Hostlers to perform
Electricians' work on April 1, 10, 18, May 8
and 11, 1991.
2. That accordingly, the St. Louis Southwestern
Railway Company be ordered to compensate
Electricians F. Pierre, G. C. Doty, V. E.
Herbert, E. Meyers and W. N. Williams, of
Kansas City, Kansas, four (4) hours' pay at
the punitive rate each for the violation of
April 1, 10, 18, May 8 and 11, 1991.
3. The Carrier should be ordered to cease and
desist from continual assignment of other than
Electricians to perform Electricians work."
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.
Form 1 Award No. 12703
Page 2 Docket No. 12533
94-2-92-2--59
The Board has reviewed the instant record. We find that the
facts at bar indicate that on numerous dates in April and May,
1991, Hostlers disconnected locomotive control cables in Armourdale
Yard at Kansas City, Kansas. The organization alleges Carrier
violation of Rules 34, 63 and 64 of the Agreement. The
organization has pursued this Claim arguing that the Carrier has
violated the practice on the property, as well as the current
Agreement wherein the work belongs to the electrical workers.
The Carrier denies any Agreement violation and argues that 'the
work is not protected by Agreement Rule to the electricians. The
Carrier further maintains that the disputed work was performed
consistent with long standing past practice.
This Board finds all the essential facts consistent with our
decision in Second Division Award No. 12702. This is particularly
true of our decision to accord little weight to the evidence of
record due to its near consecutive submission with the Notice of
Intent. The denial of full weight to the evidence and argument not
fully joined on property is in line with numerous past Awards
(Third Division Awards 20025, 22762, 20773). Based on the logic of
Second Division Award No. 12702, the Claim is denied.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Linda Woods - Arbitration Assistant
Dated at Chicago, Illinois, this 8th day of June 1994.