Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8081
SECOND DIVISION
Docket
Pro. 7891--T
2-BNI-Ew-t79
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered.
( System Federation No.
7,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Burlington Northern Inc.
Dispute: Claim of Ercployes:
1. That in violation of the current working agreement the Burlington
Northern Inc. , did arbitrarily aboll- sh -'Q-he position of Shop
Electrician at Carrier's Hannibal Diesel Facility and assigned
work contractually belonging to 'L-.he Ele~trical Craft to non
electrical forces.
?_, That accordingly, the Burlington Northern Inc., be ordered to
compensate Cl.aianant John Sf eenstry, Electrician at the Kansas City
Diesel Facility, Kansas City, lUssouri fox eight (8) hours
compensation at pro-rata rate for
each day
that employef·s and
exempt personnel of the Carrier other than electricians, perform
electrical work. Ca_a.im to start on date of Z?arch
25, 1977
and
continue until adjusted.
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 ~une 21,
193.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute wrLived right of appearance at hearing thereon.
The instant claim alleges that effective March 24,
1977
Carrier
abolished an electrician's position at St. Joseph, Missouri. The incumbent
of that-Position thereupon exercised his seniority to displace a junior
employee at Kansas City., T.Zo. The claim was filed on behalf of the junior
employee displaced at Kansas City. The basis of the claim is that other
crafts are performing electricELl work at St. Joseph, in violation of the
Electricians' Classification of Work Rule
76,
The Machinists and Firemen and Oilers, as interested third parties,
received notice of this dispute, but submitted no substantive comments.
Form 1 Award No.
8081
Page 2 Docket No. 7891-T
2-BNI-EW-' 79
Carrier asserts that the job was abolished because there was
insufficient work to justify its continuation, and in its letter of
declination cited the time spent by the then incumbent on electrical
malfunctions during the month of January 1977. Carrier relies on Rule
27(e) which reads as follows:
"(e) When the service requirements do not justify the employment
of a mechanic in each craft, the mechanic or mechanics on duty
will, so far as they are capable, perform the work of any other
craft that may be
necessary.
In the event a question arises
as to the practical supplication of this rule, a joint check shall
be made when so requested by the General Chairman."
Carrier adds that under Rule 27(e), if a question arises as to the
practical application of this sole, a joint check s!iall be made when so
requested by the General Chairman. No such request eras made.
We must poiw'~ out that `the claim subY::_i.t-ted to this Board in Petitioner's
Ex Paste Submission differs from that :,ubaitted and discussed on the pro' rerty
in thaw the submission to
tz,
st:e.tes that Carrier «bol:i.shed thi-: position of
Shop Electrician at Carrier's 1'annibal Diesel
Facil-7-ty.
Hannibal and St.
Joseph are two separate locations some 200 miles apart.
Restricting ourselves to the claim handled on the property; that is,
the abolishment of the Elect;ci;;ian's pos:i.tion at St. Joseph, T.?o., we find
that Petitioner has failed to J:'urnish eW dence to support the claim.
In declining the claim, Carries°'s Vice President--Labor Relations cited the
applicability of Rule 27(e) to the circwnstances involved in this claim.
Petitioner's submisi.on makes no comment on Rule 27(e).
Absent evidence in support; of Petitioner's allegation, we are
compelled to deny the claim.
A W A R D
Claim denied.
NATIONAL RA.Z:GROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
osemarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 12th day of September,
1979.