PUBLIC LAW BOARD NO. 5512
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
NORTHEAST CORRIDOR
AWARD NO. 2
System Docket No. NEC-BMWE-3213
STATEMENT OF CLAIM
1. The Agreement was violated when the Carrier
failed to bulletin a position for an electrician-relay,
but instead assigned Electronic Technician W. Vile to
perform the work of testing relay at the Zoo Substation
beginning January 7, 1993 and continuing, instead of
upgrading and assigning Substation Electrician T.
O'Malley.
2. As a consequence of the violation referred to in
Part (1) above, Substation Electrician T. O'Malley shall
be compensated "the rate difference from sub-station
electrician to relay electrician for each day of the
violation starting with January 3, 1993 and subsequent
work day until this claim is resolved".
FINDINGS
In this dispute, the organization argues that an employee
qualified as an Electrician-Relay should have been upgraded to that
position when an Electronic Technician was assigned to perform work
regularly assigned to an Electrician-Relay. This issue is closely
related to that reviewed in detail in Award
4,
which is incorporated herein by reference.
The Carrier disputes whether the Electronic Technician was
engaged solely in work normally performed by an Electrician-Relay
or whether this was only a portion of his assignment in connection
with usual Electronic Technician duties.
Award 4 requires the Carrier and the organization to meet to
address the entire relationship of Electrician-Relay and Electronic
Technician duties. Until this occurs, the Board
is
not able to
determine the outcome of this and closely related claims. Such
claims should be reviewed as part of the interchange directed in
Award 4.
A WAR D
Claim disposed of as provided in the Findings.
HERBERT L. MARX, Jr., Chairman and Neutral Me ber
:D DODD, Employee Member
RICHARD F. PALMER, Carrier Member
NEW YORK, NY
DATED:
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