Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7529
SECOND DIVISION Docket No.
7374-T
2-KCT-EW-'78
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Federation No.
3,
Railway Employes'
( Department, A. F. of L. - C. I 0.
Parties to Dispute: ( (Electrical Workers)
(
( Kansas City Terminal Railway Company
Dispute: Claim of Employes:
1. That the Kansas City Te miinal Railway Company violated Rules 19,
20, 21 and 67 of the July 1, 1936 controlling agreement; Article
III of the September 25, 1964Agreement when they assigned
Signalman J. A. Tennis to perform electricians' work on Monday,
September 8, 1975, thus, depriving Electrician C. W. Connor of
his contractual rights to said work at Kansas City, Missouri.
2. That accordingly, Carrier b e ordered to compensate Electrician
C. W. Connor four hours (4') at the punitive rate for September
8,
1975.
3.
In addition to the money amounts claimed herein, Carrier be
ordered to pay interest on the principle amount claimed, computed
at the rate of 65 per annum and compounded annually from the
anniversary date of this claim.
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.
The record indicates that the claimant was employed by the Carrier
as the only electrician in the Mechanical Department at Kansas City,
Missouri, at the time of the incident. His hours were 8:00 a.m. to x+:00 p.m.
with Saturday and Sunday as rest days. An electrically operated gasoline
pump located on the dock of the storehouse, used to service the Carrier's
vehicles and equipment was found to be inoperative. A signalman in the
area was called to the pump and, upon inspection, found the trouble to be
Form 1 Award No.
7529
Page 2 Docket No.
7374-T
2-KCT-EW-'78
a broken wire on the pump motor; he effected the repair, requiring about
five minutes, according to the Carrier.
The Organization contends violation of the Rules governing seniority
(19,
20, 21) and Rule
67
establishing "Classification of Work":
"Electricians' work, including regular and helper apprentices,
shall consist of maintaining, repairing, rebuilding, inspecting
and installing the electric wiring of all generators,
switchboards, meters, motors and controls, rheostats and
controls, motor generators, electric headlights and headlight
generators, electric welding machines, storage batteries,
axle lighting equipment, including steam and electric locomotives, passenger train equipment; winding armatures, fields,
magnet coils, rotors, transformers and starting compensators,
and all other work generally recognized as electricians' work."
The Carrier raises as a defense the contentions that such work is
not exclusively reserved for electricians, members of the Signalmen craft
have long performed such work and the work performed is incidental in
nature.
A literal reading of Rule 67 would support the Organization's
contention that it does not limit electrical work to arty specific equipment.
The Organization has also pointed out -chat an affirmative defense, such as
the claim by the Carrier that members of the Signalmen craft have historically
performed such work places a burden of proof upon the Carrier to substantiate
such a claim. However, the Carrier has contended, and was not effectively
refuted, that the "repair" itself was so "de minimus" as to require a
mere cursory inspection and reconnection of a wire, all of which took five
minutes. The simplicity of this task, the limited skill involved and the
brief time involved have historically been bases to mitigate claims which
might otherwise be found to have merit. We so find here.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTIEN'f
BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
,~
R emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 9th day of May,
1978.
I