Form 1
Fatties to DistDut;e:
Pi. s rnzte
d
Claim of 'Ernployes:
Findings:
NATIONAL RAILROAD ADJUSTP.WIT B04I1j) Award No. 71+82
SECOND DIVISION Docket No.
7344-T
2-BNI-ET^?- ~ 78
The Second Division consisted of the regular me?..bers and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
System Fede=ration No.
7,
Railyay Employes'
Department, A. F. of L. - CI. 0.
(Electrical Gdar::i.ers )
( Burli n ;ton
Northern
Inc.
That -in violation of tile current working a`,reernent the Burli ngta?1
Northern Inc. arbitrarily assigned the operation of cranes at
Norvhtoarn, Minnesota to employees other than Electrical forces.
ClaSrt f91ea for is»_r (I+) 11ovrs cumqpensM.tioiz at
r:~c
rat..a rates,
plus am additional a:3.00 =or
V~ro
working 6-ay start:i.n~; va-itls d.wcc,
of SC,'ft:.:.".Je:r lj. 1975 and
COrlt:i_YIWS.r?g
until
G.,Cl:I;:.sUed.
Claiiu filed
,~
in r)elllf of Electricians D.
a.
King, L. C. ~ortr,riller,
a.
Ii.
Rasmussen,
cTr,
and ii. C. Kohler, and to be E'Q11a127
Ci:'I7.Qt;C1
among than.
That accordingly the Carrier be wdeved
to
compensate Claimants
far four
(4)
hours plus the 2.dCt1'G10na.L 43.00 0 for . i
'acf1
working
d2,-7
startin_, with Sept
~~r~b
er 15,
1.975
anal cant_tzuin:, until adjusted.
The Second Division of the Adjustment Board, upon the s~rhole retard and
all the evidence, :Finds that:
The carrier or carriers and the employe cr employes involved in this
dispute are respectively carrier and employe within the neaning of the
Railway Labor Act as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispate
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Carrier has ~.n operation two 15-ton and one 35-ton traveling
overhead cranes at its new diesel maintenance facility at iiorthtoirn Yard.
The cranes are operated with :vushbatton pendant controls from floor level
by employes ire a~vai~-~e-ty of crafts. The
Organization
claims that operation.
of the cranes should be assigned ey:clusive1y to Electricians at Northtown.
The evidence presented by the Organization and the Rules to which it
refers do not
merit
such a finding.
Foam 1
Page 2
Award iTo.
702
Docket No.
7341+-T
2-Dry-Ew-
t
78
The Organization relies on its Classification of Work Rule, which is
Rule
76.
The description of duties under Rule
76
does not specifically
identify the operation of cranes. The Pule does indeed include, in separate
paraqr'aphs, reference to "operators" o=`' 40-tan capacity ox over, and
electric cranes under 40-ton capacity. Where pertinent, such xef'exence
refers to regularly assigned crane operators. in the Carrier's facility,
n0
such regular positions in regard t0 the three cranes in question hove
been listed or .fi:!l_ed. Rather, the cranes are operated as needed by the
various crafts in connection with the specialized work.
Nor ha.;, the Organization shown that :it operates such cranes on an
exclusive basis throughout the Carrier's system. To the contrary, there
evidence of operation of such cranes at .nry other locations by elnploLe-as
other thr,.r, electricians. Tm
fact that Electricians are ^..SS7.gneJ_ at
a'":C
locations _"ox' the a:pevation au: certain t"-~,es of
C4~
does not s,~ff ice
1Y_C's
fox a
claim
for e.x.c:Lu:;ive operation of -i;iic cranes at 9 ssue here.
In addition to and apart :Lr^a;l the
%t:70Vc',
the 'v~aY'iC
01': OT7E.';C'~;lmng
the
cranes at Worth'tow:x is a, non, operation. -o precedent at -;orthtoTn2 fs
available to guide the par-tics involved. The position of the international
Association oz : ai:_s,: and Aerorr. _ _orers, as a third party at
interest, is well taken 7_n arguing
Ant ;,__.:
0't"g?'YKat1.0I1
rust first seeir,
a ramedy through Rule
93,
Mich states in part:
"Any controversy as to craft jurisdiction arising between
two Or more of the organizations parties to this agreement
shall first be settled by the contesting orGaninations, and
existing ^,~.all be cont- , 1 ~,11 be continued without penalty ~iexisting p
s and Whvtl tile Carrier has been properly notified and had
reaEonalle opportunity to reach an understanding with the
organization involved ...
.,
No evidence of recourse to Rule
03
was presented, so that on this
ground the claim is z_mpropaxl~r before the Board.
A W A R D
Clain, denied. and dismissed.
Attest: Executive Secr'etar'y
National Railroad 111,djustment. Board
iTAT:LOTAL I',AILRGAD ADJUSTI~.1W IT BOARD
By Order of Second Division
by
ROSC-1;F7'rj_f: &':..NCI1
- lCm111iS'LA1,.1.vO
..:.s7..3T.w!ll.
Dated at Chicago, Illinois, this 24th day of T'ebr?xf.wv,r, 178.