Award No. 5655 Docket No. 5514 2-IC-EW-'69
The Second Division consisted of the regular members and in
addition Referee A. Langley Coffey when award was rendered.
SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES' DEPARTMENT, A. F. of L. - C. I. O. (Electrical Workers)
EMPLOYES' STATE3IENT OF FACTS: That on Friday, August 20, 1965, the Illinois Central Railroad Company, hereinafter referred to as the Carrier, assigned other than Electricians to disconnect the wiring and remove the coil, field and armature from the photo developing machine which is located at the Carrier's Freight House at Paducah, Kentucky.
That on Saturday, August 21, 1965, this was investigated by the Electrical Foreman with an Electrician and the bad order coil was replaced on Monday, August 23, 1965, by an Electrician.
This claim has been handled with all of the officers of the Carrier designated to handle such matters, including Carrier's highest designated officer, all of whom have declined to make satisfactory adjustment.
The agreement effective April 1, 1935, as subsequently amended, is controlling.
POSITION OF EMPLOYES- It is respectfully submitted that the pertinent part of Rule 33 of the Schedule of Rules, reading:
Even if the union were to prove a valid claim, the claim in behalf of Electrician Hook is invalid. Electrician Hook was off duty at home when the incident occurred. Obviously. if there were as the union contends an immediate need for an electrician, the company would have called an on duty electrician instead of the claimant. Since the union cannot prove that Mr. Hook has been injured and suffered loss in pay, his claim would not be payable even if the union proved a violation.
The company has conclusively shown that the work performed by the machine operator is not within the Electricians' classification of work rule, but the union cited no evidence to support its position. The work is of such an unskilled nature that it does not belong exclusively to any craft, and could have been performed by anyone. The claim, therefore, is clearly invalid and must be denied.
The company has also shown that even if the union had proved exclusive night to the work, the work was unnecessary. Before the company called an electrician, it would have instructed the clerk to pull the plug.
Finally, the claim is invalid on its face because the union did not prove that the claimant suffered loss in pay.
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, 19'.4.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
On claimed date, the operator of a microfilm developing machine was "assigned by Carrier" to "disconnect the wiring" and remove the "coil, field and armature."
Carrier finally settles on a statement of facts in contravention and gives the Board to be informed or to know that:
A clerk-operator, while operating the machine, was alerted to smoke and, upon investigating, discovered that a coil (or solenoid) had fallen from its vertical position in a small electrical field. He acted on "impulse" and hastily "jerked it loose," to prevent further damage to the machine which would have resulted if he had pulled the plug from its receptacle without removing the smoking coil; or had taken time to disconnect the wiring.