Form 1 ITATIONAL RAILROAD ADJUST= BOARD Award No. 7+61
SECOND DIVISION Docket No. 7309-T
2_rm_ET,T_
t
78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. ofL. - C I. 0.
Fatties to Dispute: ( (Electrical Workers)
(
( Missouri Pacific Railroad Company
Dispute: Claim of E=loyes:
1. That the Missouri Pacific Railroad Company violated Rules 25(a),
(c), 26(a) and 107(a) of the June 1, 1960 controlling agreement
when Diesel Foreman Larry Russell performed Electricians' work
on January 11, 12, 19, 25, 26 and 26, 1975 and February
8,
1975 at
North Little Rock, Arkansas.
2. That accordingly, the Carrier compensate Electricians H. A. Norris,
E. S. Collins, P. C. Cross, G. H. Boyd, J. 0. Neely, G. H. B1yth
and L. N. Spinelli four
(4)
hours each at straight time rate for
Jarnla:ry 11, 12, 19, 25, 26 and 26, 1975 and February
8,
1975
respectively.
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 ox employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This claim is based on an alleged exclusive right to perform certain
work being vested in the electrical workers of system No. 2 Railway Employes"
Department A_FL-CIO. The Organization alleges that the connecting and
removal of the electrical jumper cable from between engine consists is their
work and not properly assignable to employes other than members of their
craft.
The classification of work rule (107) refers to "electrical wiring".
The organization draws our attention to the final phrase of rule 107 which
reads
"...
and all other work properly recognized as electricians work".
Form 1
Page
2
Award No.
7+61
Docket No.
7309-T
2-MP-Ew-'78
There axe several well reasoned awards of this Board which hold that
the work which is the subject of this claim is not exclusively electricians`
work
(2223, 2+13, 368+
and 5177).
There is evidence in the record that on this property the work in
question has been assigned to electricians. In particular we note the
actions of Master Mechanic J. W. Dent with regard to the assignment of this
task to the electricians as opposed to permitting supervisors to perform
the work.
The question we must decide is whether by agreement or past practice
the right to perform this work was vested in the electricians. It is the
opinion of this Board that if any right is so vested it must be by past
practice in that our reading of rule
107
does not support the organizations'
claim to the work. The interpretation urged on us with regard to the phrase
"electrical wiring" is too broad. We do not believe that a reasonable
interpretation of that phrase would extend its meaning to include the cables
in question. The question of whether certain work is vested in a certain
group of employes b y practice has been before each of the several divisions
of the National Railroad Adjustment Board on many occassions. We have
consistently held that for a past practice to determine matters such as
that before this Board, the practice must b e system wide. We have no
evidence in the record presented to this Board that such is true in the
instant case. Master Mechanic Dent's actions are not controlling.
These findings, taken together with the Awards cited above, compel us
to deny the claim.
Claim denied.
A W A R D
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD AD~TUSTMEIVT BOARD
By Order of Second Division
'5osaxie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 10th day of February,
1978.