The Second Division consisted of the regular members and in addi
tion Referee D. Emmett Ferguson when the award was rendered.
SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Electrical Workers)
DISPUTE: CLAIM OF EMPLOYES: That under the Current Agreement the Carrier improperly assigned other than electrical workers of the Maintenance of Equipment Department to install switches, run conduit, junction boxes and other outlets and all the wiring in the Power House at Burnside Shops, Chicago, Illinois on April 25, 1956, thereby damaging electrical workers of the Maintenance of Equipment Department in the amount of twenty-four man hours of work, and that, accordingly;
The following regularly employed employes of the Carrier of the Maintenance of Equipment Department be compensated at the applicable time and one-half rate for each man hour worked which they were entitled to perform under the applicable rules of the current agreement.
EMPLOYFS' STATEMENT OF FACTS: The carrier assigned Maintenance of Way electricians covered by the Section B agreement to perform electrical work inside of buildings on the grounds at Burnside Shops, Chicago, Illinois. This work was done in the power house of Burnside Shops.
Claimant employes of the Maintenance of Equipment Department are employed by the carrier and hold seniority as such.
The dispute was handled with carrier officials designated to handle such affairs who all declined to adjust same.
The agreement effective April 1, 1935, as subsequently amended, is controlling.
The work here involved not being under the jurisdiction of the Maintenance of Equipment Department and, therefore, not a part of Seniority District No. 3, there is no basis for the claim, and it should be denied.
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 therein.
Award No. 2848, made in Docket No. 2749, lays down the rule to be applied here. From the facts it appears that a sump pump inside the pump house at Burnside was being replaced. This was work properly belonging to the maintenance of equipment electricians who make .the present claim. 2849-12 325
The record shows the work in question was similar to the work in dispute in Award 1970. Award 1970 remanded the claim, after holding that the change in seniority districts became effective in accordance with Section 6 of the Railway Labor Act. In conferences held on the property pursuant to Award 1970, the Organization would not be convinced that the work involved was not under the jurisdiction of the Mechanical Department. The Organization took the matter back to the Second Division, and in Award 2614 the Board held:
and the Award was "Claims denied." Award 1970 and its sequel, Award 2614, denied a claim on the same principle as is involved in this case. Far from supporting the position of the Organization, Award 1970 dictates that the present claim should be denied. The record clearly establishes the work here involved is under the jurisdiction of the Maintenance of Way and Structures and that it was properly assigned to electrical workers of that department.