Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9371
SECOND DIVISION Docket No.
I7-'.C
2
-B&O-EW-'
The Second Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:,
1. That the Baltimore and Ohio Railroad Company violated the current
Agreement, particularly Rule
125
Shop Crafts Agreement when they
abolished first shift Electrician positions at the Baltimore and
Ohio Glenwood locomotive Shop, Pittsburgh, Pennsylvania and wrongfully
assigned electrical work to the Machinist craft on Units
6901, 6555,
6448, 824, 719 4293, 4227
and
5635.
2.
That accordingly the Baltimore and Ohio Railroad Company be ordered
to additionally compensate Electrician R. N. Harvey for eight
(8)
hours
pay for March
19, 1979,
on first shift.
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 underlying facts of this case are not in dispute. On March
13, 1979
Carrier, by Bulletin No.
I-E-RH,
abolished six first shift electrician positions
at the Baltimore and Ohio Glenwood Shop, Pittsburgh, Pa. On the same date,
Carrier by Bulletin
2-E-RH
advertised three electrician positions on the third
trick.
The Organization contends that as a result of the reduction in electrician
positions, work previously performed by electricians was assigned to Machinist
craft in violation of Rule
125
of the Agreement. That rule provides as follows;:
"Electricians' work shall include electrical wiring, maintaining, repairing, rebuilding, inspecting and installing of
all generators, switchboards, meters, motors and controls,
static and rotary transformers, motor generators, electric
headlights and headlight generators, electric welding
machines, storage batteries (work to be divided between
electricians as may be agreed upon locally); axle lighting
equipment, all inside telegraph and telephone equipment,
Form 1 Award No.
9371
Page 2 Docket No.
9217-T
2-B&o-Ew-'83
electric clocks, and electric lighting fixtures; winding
armatures, fields, magnet coils, rotors, transformers and
starting compensators; inside and outside wiring at shops,
buildings, yards, and on structures and ell conduit work
in connection therewith (except outside wiring provided for
in Rule 126); steam and electric locomotives, passenger
train and motor cars, electric locomotives, passenger train
and motor cars, electric tractors and trucks; include cable
splicers, high-tension powerhouse and substation operators,
high-tension linemen, and all other work properly recognized
as electricians' work."
Carrier, on the other hand, asserts that nothing in the Agreement prevents
it from abolishing electrician positions and that the work assigned to machinist,
had never been performed exclusively, if at all, by electricians. It adds that
the original claim was overly vague and was "significantly altered" on the property.
Thus, Carrier seeks rejection of the claim on procedural as well as substantive
grounds.
On the procedural issue, it appears to this Board that the grievance was not
so altered as to become a different claim. Both the original claim and the
Organization's letter of appeal referred to the abolition of electricians'
positions on March
19, 1979.
Both indicated that the grievance concerned the
combining of electrical end mechanical work at the ready track. Accordingly,
this claim is not procedurally deficient and is properly before this Board.
As to the merits, it is clear that Rule 125 does not mandate the retention
of electrician positions. Furthermore, while Rule 125 lists the duties of an
electrician, it appears that that work had not been performed exclusively by
the electrician craft. For example, machinists have always performed inspection
work listed on the FRA inspection forms and Company inspection sheets (e.g. Items
103, 105, 106, etc.)
We do not suggest that electricians' positions are interchangeable with those
in the machinist craft. It is true, as the Organization maintains that the
language of Rule 12 5 is mandatory. However, the evidence here suggests that the:
work assigned the machinist craft had been performed by machinists in the past and
the Electrical Workers have failed to show here that such inspection work belonged
exclusively to the electrician craft under Rule 125 on this property.
For the foregoing reasons, the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
tional Railroad Adjustment Board
By
`i~o'~marie Brasch - Administrative Assistant
Dated a!/t Chicago, Illim is, this 2nd day of February,
1983.