Form 1 NATIONAL RAILROAD ADJUSTMENX BOARD Award. No.
8360
SECOND DIVISION Docket No.
7894-T
2-MP-EW-180
The Second Division consisted of the regular members and in
addition Referee Wesley A. Wildman when award was rendered.
( System Federation No.
2,
Railway Employes'
( Department, A. F.
off
L. - C. I. 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), 206 and 107 (a) of the June 1,
1960
controlling
agreement; Rule 100 of the oxmTode of Safety Rules, effective
January 1,
1971,
at Kansas City, Missouri on December
29, 1976
when
rather than assign the electrician on duty to locate the electrical
trouble and make repairs, Car Foreman Henness assigned Carman Art
Savage to locate and make electrical repairs to the standby electrical
service for Carrier's wrecker at the wrecker track, i.e.. Carman
Art Savage located the trouble and made repairs by replacing a blown
30
amp line fuse.
2.
That, accordingly, Carrier b e ordered to compensate Electrician
Bourland two hours and forty minutes (2'40") at time and one-half
for December
29, 1976.
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 jurisdition over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Carrier maintains a wrecking outfit at its Kansas City facility. Included.
in this set of equipment is a kitchen and bunk car. This car, when in the yard.,
is connected to a stand-by electrical service to prevent drain on the batteries
normally used when the car is in service.
On December
29, 1976,
at the direction of supervision, Carman Art Savage
changed a 30 amp fuse in-line with the standby electrical equipment requiring
power in the kitchen and bunk car (refrigerator, etc.) failed to operate when
the stand-by service was connected to the car.
Claimant in this case is an electrician asking two hours and forty minutes
Form 1
Page 2
Award No.
$360
Docket No. 7894-T
2-MP-EW-180
(or minimum call) pay on the grounds that the fuse changed effected by Carman
Savage was
work
which properly belonged, and should have been assigned to, an
electrician. Claimant's Organization, the Electrical Workers, stress that the
fuse-changed was of the cylindrical or rod (not screw) type for the changing of
which electricians are issued a specific device known (not surprisingly) as
a "fuse puller". The Organization also argues at length that having such a fuse
changed by an employee not properly trained and equipped (i.e., someone not
an electrician) is in direct contradiction to the rules, regulations, and
frequent exhortations of Carrier regarding safety when working with and around
electrical power.
We have read and given careful consideration to the numerous prior decisions
tendered to us by the parties on this and similar issues. Many of these cases,
of course, affirm the familiar principle that the performance of a relatively
simple task, consuming but a few moments for completion, and requiring no
particular skill in a trade or craft, is to be considered de minimis and
incidental in nature and not normally an infringement on typical classification
of work rules.
Is the principle applicable to this case? We believe that it is.
The most relevant of the rules cited to us, Electrical Workers Classification
of Work Rule 107(a), does not mention fuse :-changing as such, or specifical3,y
reserve that function exclusively to the electricians. Moreover, the petitioning
organization has not, on this record before us, demonstrated that, by custom,
practice, or tradition, the simple changing of a fuse is work that has been
,performed exclusively in the past by members of the organization.
We are mindful of the safety
considerations urged
on us by the petitioning
organization., and we are not in this
opinion declaring
that fuse changing
in general should not be considered electrician's work. Here, though, where
there is no reason to believe that serious malfunction in electrical equipment
was the cause of the fuse blowing, work done by the carman must be considered
incidental and de minimis, To hold otherwise, we believe, would seriously
and unduly hamper the efficiency of the operations of the Carrier, without
providing any meaningful or necessary protections to the highly significant
and legitimate duties which are, and will remain, the exclusive province of the
electrician's craft.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
Ros Tie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 11th day of June,
1980.