Form 1 NEiTIONt~L RAILROAD ADJUSTMENT BOARD Award No. 7920
SECOND DIVISION Docket No. 7655-T
2-N!P-E4~'- `79

The Second Division consisted of the ,regular members and in addition Referee Arthur T. Van Wart when award was rendered.

System Federation No. ?_, Railway Employes'

( Department, A. f. of Z. - C . 1.0.

Parties to Dispute: ( (Electrical Workers)
(
( Missouri Pacific Railroad Company

Dispute: Claim of Employes:

1. That the Missouri Pacific Railroad Company violated Rules 25(a),

(b) and (c), 26(a) and 107(a) and (c) of the June 1, 1860 controlling'

agreement when they assigned Clerk F. G. Gonterman at Coffeyville,

Kansas on Sunday, August 22, 1976 to perform telep hone maintainers

work, i.e., to change cables from CoYn,puter to Data Set connected

to Incotexm and also Yardznaster Univac to Incotexm.

2. That,accoxdingly, Carrier be ordered to compensate Telephone

Maintainer J. C. Schaiff, Jr. four hours (4') at pro-rata rate

for Sunday, August 2.2, 1976.

Findings:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier ox carriers and the employe ox employes involved in this dispute are respectively carrier and er:iploye 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.

Claimant, a monthly rated Telephone Maintainer, was off, on Sunday,

August 22, 1876, his regular rest day, when a DEC (Digital Equipment
Corporation) computer located in the yard office at Coffeyville, Kansas
failed. Said co.a_ ter was plugged into another piece of equipment, known
as a data modem for transmissions to and from the central computer located
in St. Louis, ado. The computer eras also plugged into another data modem
for the operation of the local Univac printers at Coffeyville. The result
of the DEC cor.^.^.-rrzter failure was to bring operations at Coffeyville to a
halt.

A bank-up units knovrz as an Incoterm terminal., is used for such emergencies when the DEC computer fails. Substituting the Incotex·zn terminal for the
Form 1 Award No. 7920
Page 2 Docket No. 7655-T
2-MP-Eia- '79

DEC Computer necessitates unplugging two DEC computer cables, one from each of the two data modems, and, in their place, plugging in the two cables from the Incoterm terminal. The cable plugs thereof are the same as cormnon electrical plugs except each plug has 25 connector pins. Said plugs are secured in place by screws from the plug to the equipment to prevent their accidentally being dislodged.

A clerk assigned to operate the data equipment, in said Coffeyville Yard Office, unplugged the defective DEC Computer and plunged in the back-up Tncoterm tex~_inal unit. In consequence thereof, the instant claim was filed.

Rules 26 (a), 107 (a) and (c) read:

"Rule 26 (a) xone but mechanics or apprentices regularly employed as such shall do mechanic's work as per special rules of each craft, except foremen at points where no mechanics are employed.

This rule does not prohibit foremen a n the exercise of their duties to perform work."

"Rule 107 (a). Electricians' work, including regular and helper apprentices, shall include electrical wiring, maintaining, repairing, rebuilding, -inspecting, and installing of all generators, switchboards, meters, motors and controls, rheostats and controls, static and rotary transformers, motor generators, electric headlights and headlight generators, electric welding machines, storage batteries (imrli to be divided between electricians and helpers as may be agreed upon locally), axle lighting equipment, electric lighting fixtures; winding armatures., fields, magnets, coils, rotors, transfox^ners and starting compensators; inside ~~rir i.ng at shops, and all conduit work in connection thereirith.; steam and electric locomotives, passenger train and motor cars, electric trucks., telephone equipment on the Western and Southern Districts only and all other work properly recognized as electricians' work.

~f- ~(w3E)f- k

(c) Western and Southern Districts only.) Telephone maintainers will be paid a monthly rate to cover all services rendered except as hereinafter provided. They will be assigned. one regular rest day per week, Sunday if possible. Rules applicable to the classification of electrician shall apply to service for monthly rate telephone maintainers on their assigned rest day. Ordinary maintenance or construction work not heretofore required

Form 1 Award No. 7920
page 3 Docket No. 7655-T
2-MP-EVT-' 79
"on Sunday will not be required on the sixth day of the
work week. The straight time hourly rate for each
employe shall be determined by dividing the monthly rate
by y-208-2/3 hours. Further wage adjustments, so long as
monthly rates remain in effect, shall be made on the basis
of 'x-208-2/3 hoax's per month. Except as specifically
provided in this paragraph (c), the rules applicable to
monthly rated telephone maintainers prior to Septeanber 1,
199, shall continue without change."

Changed to 213 hours Jan. 1, 1976.

The plugging in or unplugging, as here complained of, required neither electrical knowledge, skill or training for the pex'fbxr2ance thereof. It was not denied that historically that which i-s complained of here has been performed by others, particularly machine operators. The rules offered in suppart,, which are quoted hereinabove, neither expressly or iriplicitly reserve the performance of such work thereof to C:1_a:isnant's craft and class. Our Board in its Award 6201* (Simons), involving the same parties here held:

"The record in this dispute dues not disclose, nor has this Board been able to locate in the files of the Adjustment Board any rule or me:norandixn agreement detailing the work jurisdiction of Telephone T~.a:intai.ners, Fxanina.tion of Rule 107(c ) discloses th wt it is bereft of a det-ailed. delineation of the work jurisdiction of Telephone I-laintainers.

Organization cites violation of Rule 26 of the June 1, 1960 a~:ree:nentP Yet the impl ei:.entat:i.on or invocation of said _x'u1e requires as a -Drerecruisite. an. extan't rule or a.Creement dez'a_n:in _, the zrark juri sd1lction of Telo~ahone 1-aimtainers. As noted above, this Board has neither suc-q a nzl.e or an agreement before :its and thus the Organization's claLned violation cannot be tested and therefore said claim

necessarily lacks inherent merit.' Underscoring added)

Here, the burden to prove that Telephone Maintainers have the exclusive right to the performance of such work rested with the petitioner and they have failed thereof. In that connection Referee Dorsey, in our Award 5928 held:

"The burden of proof that the work was of a kind, by contract, exclusively, reserved to Electricians is vested in that organization.

Form 1 Award No. 7920
Page 4 Docket No. 7655-T
2-1411-EW-'79
" Certainly it is not 'work generally recognized as
electricians work' which is a scope phrase general in
nature and under which Electricians, to prevail, would
have to prove that the work had been historically exclusively
performed on Carrier's property, system pride, in the past.
Electricians, in the record before, did not satisfy that
burden. We, therefore, will derv the claim."

Here, we, too, are impelled to deny this claim.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTP~1E= BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

,-./Pbsemarie Brasch - Administrative Assistant

Dated Ct Chicago, Illinois, this 16th day of May, 1979.