Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD _
SECOND DIVISION
Award No. 12863
Docket No. 12584
95-2-92-2-144
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:
(Burlington Northern Railroad
STATEMENT OF CLAIM:
"1. That in violation of the governing Agreement,
the Burlington Northern Railroad assigned
Mechanical Department Electricians at the
Havelock (Lincoln), Nebraska Car Shop to
perform work which under the terms of the
Agreement, should have been performed by
System Electrician Foreman S. R. Martin, Lead
Electrician G. W. Youngquist, Lead Electrician
L. L. Wells and System Electricians R. K.
Dittrich, B. C. Wright, N. A. Gotelaere and T.
W. Bolen.
2. That accordingly, the Burlington Northern
Railroad should be instructed to compensate
Electricians Martin, Yhoungquist, Wells,
Dittrich, Wright, Gotelaere and Bolen 85 hours
each at the punitive rate of pay."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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. 12863
Page 2 Docket No. 12584
95-2-92-2-144
During July and August 1991, Carrier utilized "Shop
Electricians" to complete a major electrical project in Building 33
at is Havelock Shop. The Organization contends that the project
should have been assigned to "System Electricians" by the terms of
the Division of Work Agreement effective January 1, 1979. The
Board has reviewed the January 1, 1979 Division of Work Agreement
and concludes that by its terms the work complained of was work
that should have been assigned to System Electricians rather than
Shop Electricians. Accordingly, the claim will be sustained, but
az~ straight time rates.
AWARD
Claim sustained in accordance with the Findings.
0, R D 3 R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 17th day of April 1995.