Award No. 2924
Docket No. 2736
2-ATSF-EW '58
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee James P. Kiernan when the award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Electrical Workers)
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreement the Carrier improperly
and arbitrarily placed upon the Shop Extension Electrical Department, Coast Lines Electricians' Seniority Roster, Mr. H. L. Gramling.
2. That, accordingly, the Carrier be ordered:
(a) To remove Mr. H. L. Gramling from the Coast
Lines Shop Extension, Electricians' Seniority Roster.
(b) To desist from using any other method than the
provisions of the agreement to place employes on the Elec=
tricians' Seniority Roster.
(c) If the Carrier desires to make electrical drafting
experience a part of Electrical Workers' work and to be a
part of Electricians' qualifications, bulletin same as provided by Rule 16.
EMPLOYES' STATEMENT OF FACTS:
Coast Lines Shop Extension
Department electrical employes on the electrical workers' roster as of January 1, 1950, classified as electricians, electrician helpers and apprentices, are
electrical workers in the intent and meaning of the electrical workers' special
rules of the current agreement effective August 1, 1945, and are hereinafter
referred to as the claimants. The claimants are monthly rated employes,
regularly employed by The Atchison, Topeka and Santa Fe Railway Company,
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satisfactory. It is also a matter of record that while employed in electrician's work for the carrier, his services were entirely satisfactory. As
further evidence of his qualifications as electrical worker, Mr. Gramling obtained and still holds the following licenses:
City of San Diego, Electrician Journeyman, License No. 1544.
City of Los Angeles, Electrical Contractor, Business License
No. L325425.
County of Los Angeles Class A Master Electrician, License
No. F1275.
City of Fullerton Electrical Contractor, Business License No.
4203.
City of Fullerton Electrician Journeyman, License No. 93.
State of California C-10 Electrical Contractor, License No.
133894. (One of the requirements for obtaining such license is a
minimum of four years experience as an electrician.)
The carrier has clearly established that:
1) Confirmed records show Mr. Gramling did, in fact, accumulate four years experience in electrical work on March 31, 1950.
2) The general chairman was invited to examine these records
to satisfy himself regarding their correctness but he declined to do so.
3) The qualification of Mr. Gramling as an electrical worker
is fully in accordance with Electrical Worker's Qualifications Rule
91 of the Shop Crafts' Agreement effective August 1, 1945.
4) Mr. Gramling's name correctly appears on the carrier's Shop
Extensions Department Coast Lines electricians' seniority roster with
date of March 31, 1950.
The carrier petitions the Board to decline the claim on the basis that
Mr. Gramling did, in fact, meet all requirements of the agreement with the
employes, to establish electrician's seniority as of March 31, 1950.
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.
The parties to said dispute were given due notice of hearing thereon.
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This claim is based upon the alleged "improperly and arbitrarily placing
upon the Shop Extension Electrical Department, Electricians' Seniority
Roster"
the name of H. L. Gramling.
Gramling was employed by carrier September 11, 1945 as an electrician
helper; he resigned November 13, 1945. He was re-employed May 13, 1946 as
electrician helper. On July 27, 1948 he was upgraded to an electrician. On
September 15, 1951 he was given a position as draftsman.
Prior to his employment with carrier Gramling was employed by an
electrical contractor engaged in installing of lighting and power equipment in
houses, commercial and industrial buildings. He was so employed by that
company as follows:
August, 1939 to January, 1940 as probationary electrician.
January, 1940 to April, 1941 as electrician.
June, 1943 to December, 1943 as electrician.
Rule 92 states ". . . or who has had four years practical experience in
electrical work, and who is competent to execute same to a successful conclusion within a reasonable time shall be considered an electrical worker".
The rule does not indicate that the "practical experience" shall be with the
carrier. However, a practical interpretation of the rule would lead us to
believe that a concerted effort and determination to gain "practical experience" is intended, and that such experience he had in the various branches
of the trade. In view of the shortage of electricians certain upgrading was
permitted by agreement between the electricians and the carrier. Gramling
was so upgraded July 27, 1948, and worked as an upgraded electrician until
September 15, 1951. It is evident that neither Gramling or carrier interpreted
any rule or understanding that would give Gramling a seniority date of
March 31, 1950, on the Electricians' Seniority Roster, during his tenure of
service as an upgraded electrician. He remained an upgraded electrician until
he accepted the draftsman job. It was not until sometime during the year
1956, approximately five years after accepting the draftsman job, that he
asked for electrician seniority.
It should be noted that the seniority date given Gramling is March 31,
1950; however, from that date until he was given the position of draftsman
September 15, 1951 he worked as an upgraded electrician. Section (d) Rule
28 reads:
"The seniority of each employe shall start from the time he
first performs actual service in the craft or class in which employed
with the Company as evidenced by check or other registration . . . .
Rule 91 states:
"Any man who has served an apprenticeship, or who has had
four years' practical experience in electrical work, and who is competent to execute same to a successful conclusion within a reasonable
time shall be considered an Electrical worker."
Rule 91 establishes qualifications, it does not establish seniority. An employe
may have the qualifications as required by rule 91, but unless he is employed
as such he does not establish seniority. The record indicates that Gramling
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remained an upgraded electrician until he accepted the position of draftsman.
At no time was he promoted or given the rank of electrician by the carrier.
AWARD
Claim 1 sustained.
Claim 2 (a) sustained.
Claim 2 (b) and 2 (c) is an anticipated claim and cannot be passed upon
under this docket.
ATTEST: Harry J. Sassaman
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
Dated at Chicago, Illinois, this 30th day of July, 195is.