C:\AWARDS\OUT\2-08358.htm

Form 1 Parties to Dispute: Dispute: Claim of Employer: 2. Statement:

NATIONAL RAILROAD ADJUSTrUrr BOARD

SECOND DIVISION

Award No. 8358 Docket No. 8319 2-MP-CM-18o The Second Division consisted of the regular members and in addition Referee P.Za.cDara F. Lyden when award was rendered. System Federation No. 2, Railway Employer' Department, A, F. of L. - C. I. 0. (Carmen) Missouri. Pacific Railroad Company That the Missouri Pacific Railroad Company violated Rules 13 and 25 of the controlling Agreement when they established Cayman's job at Freeport, Texas, working at Angleton., Texas, without posting job properly for bid, That the Missouri Pacific Railroad Comparrj be ordered to compensate Cayman T. W. Robertson in the amount of three (3) hours per day, five (5) days per week, at the pro rata rate, commencing September 12, 1977 and continuing until violation is corrected. The above question was submitted to the Second Division of the National Railroad Adjustment Board by the above referred to organization in ex parte form, hearing thereon was waived, and the Division is now in receipt of a request frcen the employes that the case be withdrawn. A W A R D 'laim dismissed. Attest: Executive Secretary National Railroad Adjustment Board Dated at Chicago, Illinois, this 4th day of June, 19800

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

x

vmw Form 1 NATI2JNAL RAILROAD ADJUSTMENT BOARD Award No. 9458 SECOND DIVISION Docket No. 9176-T 2-CMStP&P-EW-'83 The Second Division consisted of the regular members and in addition Referee George S. Roukis when award was rendered. International Brotherhood of Electrical Workers Parties to Dispute: ( Chicago, Milwaukee, St. Paul and Pacific Railroad Company Dispute: Claim of Employes:

1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company violated the current agreement

when Caiman

Robert Buschman and Blacksmith Louis Switalski were assigned to perform electrical work on welding machines in the Freight Car Shop (CD-50) in Milwaukee Shops; the work claimed should have been properly assigned to Electricians Ervin Francisco, Mark Mundt, Terrance S. Takacs, Phillip Rinke, Patrick Fortier, and Randall Van Dusen.

2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company be ordered to compensate the above referred to Electrical Workers for the following dates during which the Chicago, Milwaukee, St. Paul and Pacific Railroad Company violated the Agreement at eight (8) hours per day at the prevailing rate at time and one half.

Ervin Francisco, December 18, 19, 20, 21, 1978

Mark Mundt, December 22, 26, 27, 28, 1978

Terrance S. Takacs, December 29, 1978/January 2, 3,

1979

Phillip Rinke, January 5,

9, 11, 1979

Patrick Fortier, January 12, 15, 16, 17, 1979

Randall Van Dusen, January 18, 19, 22, 23, 1979

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 pivotal question in this dispute is whether the connecting of a welding lead to a welding machine is work exclusively reserved to the electrical workers. On the dates cited in Petitioners' Claim, Carrier assigned a Caiman and a Blacksmith to hook up the electrical leads to the 13 new welding machines purchased for use in Carrier's Freight Car Shop. Petitirn ers argue that Form I Award No. 94.58 Page 2 Docket No. 9176-T 2-CMStP&P-EW-'83 assigning other employes to-perform this work violated Rule 71 of the Electrician's controlling agreement, which provides in part, that Electrician's work shall include electrical wiring, maintaining, repairing, rebuilding, inspecting and installing electrical welding machines. Petiticclers assert that the Blacksmiths and Carmen's craft classification of work rules do not refer to the maintenance or repair of electrical welding machines and aver that Rule 33 of the Safety Rules (Form ?983 permits only qualified employes to perform work on electrical conductors and apparatus of any kind.

Carrier contends that the Electrical Workers Agreement was not violated since

the work performed by the carman and the blacksmith merely amounted to connecting a male lug with a threaded end into a female lug cable located on the machine. It asserts that this work was no different than connecting a garden hose to a water faucet and argues that it did not involve any of the work classification duties delineated in Rule 71. _ The Carmens` Organization as an interested third party, apprised the Board that this work did not involve the repairing, modifying, building or dismantling of electrical machinery, which it readily conceded belonged to the Electricians' craft, but work which was routinely performed by Carmen. In our review of this case, we concur with Carrier's position. The work performed on the claimed dates was not work which could be plainly identified as maintaining, repairing, rebuilding, inspecting and installing electrical welding machinery, since by definition these work assignments involve.technical skills perceptively distinguishable from the perfunctory task of connecting a welding lead to a welding machine. In the absence of a past practice, which unmistakably shows that this type of work was consistently performed by the electricians on a system wide basis or clear and unambiguous contract language which reserves such work to them, we must, of judicial necessity, deny the claim. A W A R D Claim denied. Attest: Acting Executive Secretary National Railroad Adjustment Board 7-, ~/.G1~ ~emarie Brasch-Administrative Assistant NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division. Dated at Chicago, Illinois, this 4th day of May, 19830