Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8417
SECOND DIVISION Docket No.
8314
2
-S LSW-EW-'
80
The Second Division consisted of the regular members and in
addition Referee Higdon C. Roberts,
Jx.
when award was rendered.
( System Federation No.
45,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( St. Louis Southwestern Railway Comic
ny
Dispute: Claim of Employes:
1. That the St. Louis Southwestern Railway Company violated the controlling
agreement when Lineman M. W. Williams was improperly compensated for
service rendered. on October 17,
18,
19,
20, 23, 24
and
25, 1978
splicing cables on a higher rated position.
2.
That accordingly Lineman M. W. Williams be additionally compensated
the amount equal to the difference between the rate of pay he received
(Division Lineman - $1,530
.87)
and that of the rate of pay required for
dable splicing (Equipment Installer - $1,648
.62)
for each of the
following days: October
17, 18, 19, 24, 25
- eight
(8)
hours each
day; and, October
20
and
23, 1978
- four
(4)
hours each day.
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 claimant (M. W. Williams) claims he should have been paid a rate
differential for cable splicing. He is employed normally as a Division Lineman,
but that on a nmnber of named dates, he was required to splice cable, which is
Equipment Installer work, and he's entitled to tlm higher rate of the Equipment
Installer. The organization contends Subsection
2
of Rule
2
classification of
work, quoted below, is controlling:
"2-2
Division Lineman - Lineman assigned as division
lineman to maintain a district, to install., maintain,
assemble, dismantle, inspect, adjust, test and repair
camanicating circuits and equipment, including radio.
Building, inspecting, repairing, maintaining and dismantling pole lines and supports, line wires and cables
(not cable splicing). Locating and clearing trouble
Form 1 Award No.
8417
Page 2 Docket No.
8314
2-SISW-EW-180
"inside and outside in connection with telegraph, radio
and or telephone service. Assisting equipment installers
telephone shop equipment men and cable splicers. Under
scoring added)
A reading of this rule in conjunction with Rule 2-1 classification of work,
Equipment Installer
"2-1 Equipment Installers - Lineman assigned as equipment
installers and cable splicers, to consist of radio, telegraph and telephone equipment installers, to build, install,
maintain, assemble, dismantle, inspect, adjust, test and
repair radio, telegraph and telephone equipment and
associated wiring in accordance with specifications, with
or without drawings and without individual. supervision."
(Underscoring added)
would, because of the language specificity, seem to sustain the claim.
However, the carrier contends the words "cable splicing" refer to lead cable
only and that traditionally (25 years) plastic cable has been repaired and spliced
by Linemen. In support of this, carrier gives a list of specific places where
such work has been performed in the past:
"l. Two miles of cable, General Office Building to microwave
house in Tyler.
2. Approximately
3/4
mile of cable in Commerce.
3.
One and
2
miles of cable, microwave house to depot in
Corsicana.
4. Yard speaker cables in Tyler, spliced and rerouted to
accommodate new yard office.
5. Yard cables in Pine Bluff., E. St. Louis and Shreveport.,
repaired and/or replaced."
Further carrier states, and the organization did not disagree, there has
been no similar claim filed since the introduction of the plastic cable. We
find the organization's statement that they were unaware of this type of work
being done by Lineman specious.
From the evidence, it is apparent that the cable splicing (plastic) performed
by the claimant is a work practice mutually accepted over a long period of time.
Such longstanding, unquestioned past practices constitute acceptance of the
interpretation of the carrier in the instant case.
Form 1
Page
3
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 8417
Docket No. 8314
2-SISW-EW-'8o
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By Order of Second Division
By _
Dated
at hicago, Illinois., this 23rd day of
July,
1980.