Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9274
SECOND DIVISION Docket No. 9415
2-NRPC-EW-'82
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Council No. 7, International Brotherhood of
( Electrical Workers
Parties to Dispute:
(
( National Railroad Passenger Corporation (Amtrak)
Dispute: Claim of Employes:
1. That the National Railroad Passenger Corporation (Amtrak) has
arbitrarily violated Rule 6 of the Agreement and past practice
when they used Electricians from the Maintenance of Equipment
Department to perform work that belongs to and has been
historically performed by Maintenance of Facility Electricians
on August 27, 1980 at Beech Grove, Indiana.
2. That accordingly, Electricians' W. Gooley and W. Poynter be
compensated for two (2) hours each at time and one-half rate of
pay, account of said violation.
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.
Claimants were employed as electricians at the Carrier's Beech Grove
(Indiana) facility, were on duty and under pay when, on August 27, 1980 two other
electricians were assigned to perform work which the Claimants contend was rightfully within their jurisdiction. Such work involved the repair of an air
conditioning unit atop the office of the General Foreman. The basis for such
contention, according to the record, is the advertising "Bulletin" by which the
Claimants bid, and were awarded, their assignment. The Bulletin contained a
Description of Duties which involved performing "maintenance/repairs and
installation to shop electrical equipment including related work." The other
two electricians, who were listed on the same seniority roster, obtained their
positions as electricians by bidding a separate Bulletin at a different time and
which contained a Description of Duties to "Perform electricians work on Amtrak
Passenger car equipment including related work." The Organization essentially
contends the advertising bulletins define the type of work and thus reserves such
work in dispute here to the Claimants and/or others who bid and were awarded from
that Bulletin. The Organization cites Rule 6 - Bulletin and Assignment as being
violated. The Carrier contends all electricians can be assigned to any work since
Form 1 Award No. 9274
Page 2 Docket No. 9415
2-NRPC-EW-'82
the electricians are in the same seniority district and disputes the contention
low
that advertising bulletins are other than informational in nature.
We find nothing in this case that suggests a violation of Rule 6, since this
is not a bulletin dispute, and did not involve vacancies. Further, we find no indication that the advertising bulletin has the status of conferring exclusivity upon
any group of employees of a specific unit of work particularly where, as here, all
involved show the same seniority district. Under the circumstances, we find no
merit to this claim.
A WAR D
Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
os arie Brasch - Administrative Assistant -
Dated at Chicago, Illinois, this, 28th day of July, 1982.