Award No. 4068
Docket No. 3905
NATIONAL RAILROAD ADJUSTMENT BOARD
The Second Division consisted of the regular members and in
addition Referee Carroll R. Daugherty when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 17, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. 0.
(Electrical Workers)
THE NEW YORK, NEW HAVEN & HARTFORD
RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That employes in the Mechanical Department were unjustly
damaged and the provisions of the current agreement were violated
when the Carrier elected to contract out the repairs of traction motors and component parts to the General Electric Company at North
Bergen, New Jersey.
2. That accordingly the carrier be ordered to compensate the
employes so damaged as follows:
M. Clune - 256 hours at time and one half.
E. Hughes - 256 hours at time and one half.
EMPLOYES' STATEMENT OF FACTS: That electrical workers M.
~Clune, and E. Hughes, hereinafter referred to as claimants, are employed by
the New York, New Haven & Hartford Railroad Company, hereinafter referred to as the carrier, in the mechanical department and assigned to J. A.
Croke, Superintendent, at the New Haven Maintenance of Equipment Shop.
The claimant electrical workers are regularly assigned and qualified to
perform electrical work on all of the carrier's motive power and equipment.
On June 15, 1959, to June 25, 1959, traction motors of the 752 type series
were sent to the General Electric Company at North Bergen, New Jersey, for
electrical work and repairs.
The following numbered traction motors were sent to the General Electric Shop at North Bergen, New Jersey, on June 15, 1959: No. 2305497, and
No. 2308251 on June 18, 1959; No. 2382495, on June 25, 1959; No. 2305998,
No. 2305587, No. 32468475, No. 2382588, and No. 2032645, and were returned
[6597
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(b) They were fully employed and at a seniority point which was not equipped for major electrical work.
For all of the reasons set forth herein, carrier respectfully submits that
the claims should be denied in their entirety.
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.
Parties to said dispute waived right of appearance at hearing thereon.
Following Awards 4066 and 4067, respectively, the instant claim cannot
be sustained because petitioner's submission here has the same deficiencies
as those found in Docket 3904 (Award No. 4067).
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 21st day of September 1962.
DISSENTING OPINION OF LABOR MEMBERS
TO AWARDS NUMBER 4067 AND 4068
Rules 29, 101 and 123 of the current Agreement read in part as follows:
"Rule 29
Assignment of Work.
None but mechanics or apprentices regularly employed as such
shall do mechanics' work as per special rule of each craft, except
foreman at points where no mechanics are employed.
"Rule 101
Classification of Electricians.
Electricians' work shall consist of maintaining, repairing, rebuilding, inspecting and installing the electric wiring of generators,
switchboards, meters, motors, and controls, rheostats and controls,
motor generators, electric headlights, and headlight generators,
electric welding machines, storage batteries except as provided in
Rule 104, axle lighting equipment, electric lighting fixtures and
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670
cables: winding armatures, fields, magnet coils, rotors, transformers
and starting compensators. inside and outside wiring at shops, building and yards and conduit work in connection therewith, including
steam and electric locomotives, passenger trains, motor cars, electric tractors, and electric trucks. High tension power house and substation operators, electric crane operators for cranes of 60-ton capacity or over, electrician's work performed by employes of the Maintenance of Way Department on tugboats and floating equipment in
New York Harbor territory, and all other work generally recognized
as electricians' work.
"Rule 123
Understanding in Special Cases.
Armature winders-Van Nest-performing the following work-
Rewinding of and major repairs to traction motor armatures
and fields, also main transformers.
Dismantling and rebuilding commutators of all types.
Rewinding inddction motor stators or rotors, train control dynamotors, headlight and generators, tractor armatures and fields.
Dismantling, repairing, reinsulation and rebuilding all types of
preventive coils, reactors and auxiliary transformers.
Stripping, repairing or rewinding all types of axle lighting generator armatures and fields.
Stripping, reinsulation and rebuilding all types main and auxiliary resistors.
Dismantling, reinsulating and rebuilding all types collector rings.
Stripping and rewinding main generator, synchronous motors, exciter generators and starter motors, such as are used on locomotives
0112-16-0216-17.
Stripping and rewinding all types battery or auxiliary generator
armatures and fields.
Rewinding all types compressor or blower motor armatures or
fields.
Rewinding all other types of auxiliary motor armatures or fields
not specifically mentioned above."
As these Awards refer to Award 4066 our opinion is the same and that is
we agree with the finding that the Carrier violated the current agreement
when the rewinding, repairing and rebuilding of five traction motors was
contracted to the General Electric Company.
We do not agree with the conflicting finding that the Carrier did not
violate the agreement when the rewinding, repairing and rebuilding of other
traction motors, armatures, fields and generators was contracted to the
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671
General Electric Company. This violation results in the employes covered
by the same agreement not being given equal treatment or equal protection
under the law. We are therefore constrained to dissent from this finding.
E. J. McDermott
C. E. Bagwell
T. E. Losey
A. E. Stenzinger
J. B. Zink