Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8979
SECOND DIVISION Docket No.
8984-T
2- .NR PC -EW-' 82
The Second Division consisted of the regular members and in
addition Referee Gilbert H. Vernon when award was rendered.
International Brotherhood of Electrical Workers
Parties to Dispute:
National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That the National Railroad Passenger Corporation (Amtrak) violated
Rule 1 of the controlling Agreement when they removed work belonging
to the electrical craft and assigned the work to other crafts.
2. That, accordingly, the National Railroad Passenger Corporation (Amtrak
be ordered to pay Electrician D. L. Soots a total of eight (8) hours
and thirty-five
(35)
minutes at the time and one-half (1-1/2) rate
for work performed by another craft on April 72, 14, 17 and
18, 1979.
3.
That, accordingly, the National Rai-L,.Passenger Corporation (Amtrak)
be ordered to comply with the Agreement and deter from the removing of
this work from the electrical craft.
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 is employed in the boiler shop at the Carrier's Beech Grove
Indiana maintenance facility. Early in
1979,
one of two overhead cranes in the
boiler shop were overhauled after an OSHA inspection had determined that one of
the cranes did not meet certain safety standards. Each of these cranes was
operated from an overhead cab. At the time of the overhaul, the Carrier changed
the controls from cab-operated controls to pendant controls. After the change,
instead of being operated from the cab, the crane could be operated from the shop
floor by means of a push-button control box which was connected to the crane by
a flexible cable. The crane did not change in any other respect except this one.
This dispute involves the interpretation and application of Rule 1 of the
contract which reads as follows:
~: = ~ '. Award
No. 8979
-.'ag== " Docket No.
8984-T
2-NRYC-Ew-'82
eoPending adoption of a national classifi--ation of work rule
employees ordinarily perform the work waich has been
performed traditionally by the craft at that location, if
formerly
a
railroad facility, or, as it has been perfomred
at comparable Amtrak facilities, if it is a new facility."
Employees argue that the operation of all types of cranes, cab operated or
pendant controlled, have historically been reserved. for their craft. In support
of this they present a statement from an electrician that contends that he and
another electric~r;an have always operated two thirty-ton cranes which have pendant
controls in another part of the same facility. They also submit a copy= of s job
bulletin which assigned a bargaining emit employee to operate these 30 ton pendant
controlled cranes. The Organization also points out these statements wwere not
refuted by the Carrier in the record. They also support their contention with
several statements from employees from various crafts which state that electricfhave al-.,Yays operated ail types of cranes of a 10-ton oar heavier capacity.
The Carrier agrees that electricians have historically operated the: caboperated overhead cranes. However, they argue that the operation of this
particular crane changed when the technological improvements were made. They
assert that the nature of the crane was "... significantly altered". They
direct the Board's attention to Second Division Award
1480
in this regard. They
also assert that the distinction between a cab-operated crane and a flooroperated crane has previously been treated in Second Division
2737
and moreover
they direct attention to Second Division
1358
which they contend establishes
that) electricians do not have exclusive right to operate overhead cranes. The
Carrier further argues that electricians have not historically operated pendantcontrolled cranes. They assert that employees other than electricians operate
five different three-ton pendant controlled cranes in the wheel shop. 'they
do admit that the two electricians have been assigned to operate a pendantcontrolled crane but contend that it is a special situation due to the capacity
of the crane, the lack of a safety device and due to the differences in its lack
of mechanical levers. Carrier lastly argues that nothing in the agreement
proscribes the Carrier .from instituting changes or adopting different operating
techniques.
After carefully considering the evidence we are of the opinion that even
if we were to conclude that changing a crane from cab operated to pendant
controlled changed the nature of the crane substantially, we cannot conclude
that the Electricians craft is not entitled to operate it. Based on the evidence
properly before us, it is the conclusion of the Board that the Organization has
sustained the necessary burden under Rule 1 of showing that the work in question
has been traditionally performed by them at the location in question. The
Organization has presented convincing evidence that they have operated both
pendant controlled cranes and cab operated cranes at the facility in question.
The Carrier did argue that crafts other than electricians operated 3 ton pendant
controlled cranes at this location. However, a review of the record does not
reveal that this evidence of position was taken on the property. We are
therefore, under the rules of the Board, precluded from considering this evidence.
This: is so well established it doesn't require citation. The Carrier further
tried to distinguish the instant pendant crane from the 30-ton pendant controlled
Form 1
Page
3
Award No.
8979
Docket No.
8984-T
2-NR PC -EW-'
82
crane operated by the electricians craft. However, there is not enough
evidence in the record to conclude that the material aspects of operation and
function of the two cranes is different.
The Carrier has agreed to Rule 1 which clearly states that the work which
has traditionally been performed by a craft at a location will continue to be
performed by them pending the adoption of a national classification of work rule_
In this case, the evidence before us is substantial enough to conclude that the
craft has traditionally performed the work in question and should. continue to do
so pending the negotiations referred to in Rule 1. Therefore, we must sustain
part 1 and
3
of the claim. However, regarding part 2, the record reflects that
the Claimant was on vacation April 12 and 14. Regarding April 17 and
18,
he was
on duty and otherwise occupied at the time that the operation of the crane was
needed. Payment would therefore be inappropriate. Part 2 of the claim is denied.
A WAR D
Claim sustained to the extent indicated in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
4By Z'4
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 10th day of March,
1982