Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9457
SECOND DIVISION Docket No. 9174-T
2-CMStP&P-EW-'83
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
violated the current agreement when Machinists Ladik and Ryan were
improperly assigned to perform electrical work, which should have
properly been assigned to Electrician Ronald Heyden.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company be
ordered to compensate Mr. Ronald Heyden for eight hours at time and
one half at the rate of 9.27 per hour, which comes to a total of 111.24.
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 pivotal question in this dispute is whether Machinists John Ladik
and Patrick Ryan performed a jig stone operation on General Electric Locomotive
5003
on December 7, 1979. The parties, including the Machinists Organization, are
in agreement that the work of jig stoning a generator properly belongs to the
Electrician's Craft, but differ over whether the work performed by the machinists
on DecemLer 7, 1979 was a jig stoning operation. The petitioning Organization
argues that the work assignment slip handed to Machinist Ladik that day pointedly
instructed him to jig stone the main generator in Engine
5003
and asserts that
his written statement, dated, December 13, 1979, acknowledging that jig stoning was
not his work, but that he was "assigned to it" substantiates its position. The
Organization avers that the local chairman and another electrician personally
witnessed the machinists perform electrical work and additionally disputes
Carrier's assertions that Electrician G. Lohrke actually performed the jig stoning
operation on the locomotive. It contends that such work is protected under Rule
71, its work classification rule, which states in pertinent part that:
"Electricians work shall include electrical wiring, maintaining,
repairing, rebuilding, inspecting and installing of all generators."
Form 1
Page 2
Award No. 9457
Docket No.
9174-T
2-CMStP&P-EW-'83
Carrier contends that the aforesaid machinists did not perform covered
electrical work, since they designed, built and positioned the jig on the
locomotive, while Electrician G. Lohrke jig stoned the commutator. It argues
that Mr. Lohrke did not submit any written statements describing what work, in
fact, was performed by the machinists and asserts that Machinist Ladik's December
13,
1979
written statement does not indicate that he actually jig stoned the main
generator.
The Machinists Organization as an interested third party asserted that
machinists on the property have consistently mounted and modified jigs for jig
stoning main generator commutators, which was the same work performed by
Machinist Ladik. It argued that the actual stoning of the main generator was
performed by an electrician.
In our review of this case, we concur with Claimant's position. While the
machinists performed covered machinists' work, which included the steps and
activities preparatory to the actual jig stoning operation, the admission of
Machinist Ladik that after he mounted the stones and tried the jig stone, he
later worked with Electrician G. Lohrke indicates a concomitant involvement in
the jig stoning work. Since the primary job at that time involved jig stoning
work and Machinist Ladik acknowledges in his December
13, 1979
statement that
"he later worked together" with Electrician G. Iohrke, we have to assume that he
assisted the electrician jig stone the locomotive. It would be difficult to
perform simultaneously the tasks antecedent to the jig stoning operation, which
accrue to the Machinists' Craft and the actual jig stoning work which accrues to
the Electrical Workers. If they did not work together on December
7, 1979
or
Electrician G. Lohrke was assigned to perform a different task, we believe it
was up to Carrier to rebut Machinist Ladik's statement that he and Electrician
Lohrke worked together for the balance of the day. From the evidence available,
we can only conclude, that Machinist Ladik assisted Electrician Lohrke perform the
jig stoning operation on the locomotive and such assistance violated the
Electricians' Controlling Agreement. There would be no apparent reason for the
machinists to work together with Electrician Lohrke after they designed, built
and positioned the jig on the locomotive. We will sustain the claim.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By i'L,r
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of May, 1983.