The Second Division consisted of the regular members and in

addition Referee Dudley E. Whiting when the award was rendered.


PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Electrical Workers)










EMPLOYES, STATEMENT OF FACTS: The Illinois Central Railroad, hereinafter referred to as the carrier, owns two I.B.M. Time Recorders, which are located in two places in the Markham Locomotive Shop where shop craft employes are required to stamp their time cards at the beginning and close of their work day. On March 23, 1955, I.B.M. employes were used to lubricate the electric motor, clean the commutator, change the ink ribbon, etc., in these clocks.


The dispute was handled with carrier officials designated to handle such affairs, who all declined to adjust the matter.


The agreement effective April 1, 1935, as subsequently amended, is controlling.



2564-6 91

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.




Rule 117 provides in part that "electricians' work shall consist of maintaining, repairing, rebuilding, inspecting and installing the electric wiring of * * * electric clocks * * *."


The claim involves servicing of IBM time recorders by IBM personnel. It appears that by agreement with the carrier they periodically clean, oil, make necessary mechanical adjustments and replace such parts as may be needed for the proper operation of the machine. In essence the machine is a mechanical printing device actuated by an electric clock to record the time on a card.


There is no evidence in this docket that the IBM service men did anything to or in connection with the electric wiring of the electric clock. To the contrary it appears that they clean, oil and adjust the mechanical printing apparatus. Hence no violation of the rule has been shown.







ATTEST: Harry J. Sassaman
Executive Secretary

Dated at Chicago, Illinois, this 17th day of July, 1957.