NATIONAL
RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25042
Hyman Cohen, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Long Island Rail Road Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on The Long Island Rail Road: Case No. SG-31-81.
On behalf of Signal Maintainer Robert Waidler for one hour's pay
under Rule N67 account working on two sections on Monday August 17, 1981.
OPINION
OF
BOARD: The Claimant, a Signal Maintainer with the carrier's Amityville
Va11ey Section seeks an additional one hour's pay under Rule
No. 67 because he performed work on two (2) Sections on August 17, 1981. Rule
No. 67 provides for an additional one hour's pay when a maintainer works on two
or more Sections during his regular tour of duty.
On August 17, 1981 the Claimant was performing work on a fuse box in
the vicinity of Baldwin Station. Foreman Melfi instructed the Claimant to
accompany him to the Valley Tower storage compound which is located in another
Section, in order to obtain a new fuse box. To secure the new fuse box, the
Claimant dismantled the box from two (2) steel legs and returned to the Baldwin
work site with the fuse box.
In the opinion of the Board these circumstances do not warrant the
application of Rule No. 67. Instead of returning to the work site with the
fuse box and its support legs the Claimant committed a gratuitous act by
removing the legs of the fuse box at the Valley Tower compound. The removal of
the support legs at the compound was neither authorized by supervision nor
required to complete the assigned job at the work site. Moreover, assuming
that the removal of the support legs from the fuse box was authorized and
required to complete the assigned job, the "work" performed by the Claimant
constituted a de minimus task and was incidental to the Claimant's assignment
of replacing a defective fuse box at the work site. Accordingly, such "work"
is not within the intention and meaning of Rule 67.
FINDINGS:
The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
Award Number 24955 Page 2
DocXet Number SG-25042
That the Carrier and the Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act, as approved
June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
f
Attest:
. Nancy J r - Executive Secretary
Dated at Chicago, Illinois this 14th day of August 1984.
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