PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad


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:

                    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


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Attest:
      . Nancy J r - Executive Secretary


Dated at Chicago, Illinois this 14th day of August 1984.

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