The Second Division consisted of the regular members and in

addition Referee Howard A. Johnson when award was rendered.


PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 30, RAILWAY EMPLOYES'
 DEPARTMENT, A. F. of L.-C. I. O. (Electrical Workers)






EMPLOYES' STATEMENT OF FACTS: At Pittsburgh, Pennsylvania, the carrier owns, operates and maintains what is known as the Northside Warehouse, the space therein being leased to tenants for the handling and storage of certain and various commodities transported via the carriers' lines and by means of other types of transportation as well as the distribution of these commodities by the various types of transportation. Originally, this facility was used both as a freight depot for handling the carriers' business as well as for storage facilities, but during recent years it has been utilized primarily for storage purposes and distribution of commodities received through the carriers' lines or by means of other transportation.


During the entire life of this facility, tenants were required to lease individual space and included in such leases, certain facilities were made available to all tenants including the use of elevators, heating, fire protection,



4093-11 199,

 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 were given due notice of hearing thereon.


This claim is identical with that in Award 4091 and necessitates the same disposition.

                  AWARD


    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION


              ATTEST: Harry J. Sassaman

              Executive Secretary


Dated at Chicago, Illinois, this 20th day of November 1962.

DISSENT OF LABOR MEMBERS TO AWARD

NOS. 4091, 4092 AND 4093


The majority found that the work in these disputes was work included in the Electrical Workers Special Rules, but when making their Awards they ignored the provisions of the Agreement, as the pertinent parts of the rules read as follows:

    "Rule 29


    None but mechanics or apprentices regularly employed as such shall do mechanics' work as per special rules of each craft . . ."


    "Rule 125


    Electricians' work shall include electrical wiring, maintaining, repairing, rebuilding, inspecting and installing of all generators, switchboards, meters, motors and controls, static and rotary transformers, motor generators . . . inside and outside wiring at shops, buildings, yards, . . . and all other work properly recognized as electricians' work."


This Agreement was made pursuant to the Railway Labor Act, Section 2 Seven of which requires:

    "No carrier, its officers or agents, shall change the rates of pay, rules, or working conditions of its employes, as a class as embodied

4093-12 200

    in agreements except in the manner prescribed in such agreements or in Section 6 of this Act."


    Therefore the majority has erred in making these Awards.


                        T. E. Losey


                        E. J. McDermott


                        R. E. Stenzinger


                        C. E. Bagwell


                        James B. Zink