Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 9461
SECOND DIVISION Docket No.
9279-T
2-NRPC-EW-183
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:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That the National Railroad Passenger Corporation (Amtrak) violated Rule
1 of the agreement between the National Railroad Passenger Corporation
(Amtrak and the International Brotherhood of Electrical Workers
effective September 1,
1975,
as amended, and Rule VIII (Effective 10-15-60)
of the agreement entered into by and between the Pennsylvania Railroad
Company and System Federation No.
152,
effective April 1,
1952,
when
other than Electrical Workers were wrongfully assigned to remove steam
generator auxiliary boiler converter motors on March
12, 1979.
2. That accordingly, the National Railroad Passenger Corporation (Amtrak)
be ordered to compensate Electrician John T. Sullivan in the amount of
four (4) hours at the pro rata rate of pay.
Findings;
zThe 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 Organization contends that Carrier violated the controlling agreement
when it assigned Machinists to remove a boiler converter motor attached to a
steam generator from a diesel locomotive on March
12, 1979.
It argues that
Rule VIII of the System Federation No.
152
Agreement reserves this work to the
Electricians and asserts that Carrier was reminded that consistent with Rule I of
the September 1,
1975
Agreement, work was to be assigned as it had been performed
at comparable AMTRAK facilities. It avers that since the work of removing and
replacing auxiliary boiler motors comes under the scope of the Electricians'
Classification of Work as performed at Carrier's other facilities, such as
Wilmington, Delaware and Beech Grove, Indiana, the disputed work should have
been assigned to members of its craft. It maintains that the Machinists'
Organization, which is not a signatory to the July
8, 1976
Agreement relative to
the assignment of work transferred from Fields Point, Rhode Island to the
Albany/Rensselaer facility, is covered by Rule
62
of the System Federation
No.
103
and this Rule does not provide for the removal of electrical motors.
Form 1
Award No. 9461
Page 2 Docket No. 9279-T
2-NRPC-EW-183
Carrier contends that Rule 1 of the September 1, 1975 Agreement is of no
importance in this instance, since the parties adopted the work classification
rules of the Agreement between System Federation No. 152 and the Pennsylvania
Railroad at the new Albany/Rensselaer Facility, which does not exclusively
reserve this work to the Electricians. It argues that Petitioner cannot
demonstrate that the applicable work classification rules protect this work or
that the Electricians historically and customarily performed by the electrical
workers craft at Albany/Rensselaer to the exclusion of all other crafts. It
avers that 152 Agreement provides that Electricians will remove, replace and
repair all fractional (less than one horsepower) horsepower motors, which is not
the issue herein, since the subject number 1 boiler converter from diesel unit
405 was larger than one horsepower.
7ne Machinists' Organization as an interested third party argues that since
it is not a signatory to the 152 Agreement, it is not bound by this Agreement's
work classification rules. It asserts that Arbitrator Jacob Seidenberg's September
2, 1976 ruling in a case involving the same parties, File No. AMCRAK 101(C-2)
NRPC/IATTAW, not only upheld this point, but specifically noted that if work were
to be performed at a new facility, it was to be performed as it had been performed
at Fields Point. It avers that this ruling is consistent with its November 2,
1973 Letter Agreement with Carrier and thus, pending a negotiated agreement vis
the new Albany/Rensselaer Facility, the work was properly assigned to machinists
on March 12, 1979, since they performed this work at Fields Point. It adduced
several letters from machinist employes who attested that members of the
Machinists Craft removed and reinstalled all electrical motors of one horsepower
and larger, while electrical workers removed and replaced only fractional
horsepower motors.
In our review of this case, we agree with Carrier's position that the 152
Agreement does not apply to the Machinists Craft nor does it exclusively reserve
the disputed work to the Electricians at the new Albany/Rensselaer Facility.
Both the July
8,
1976 Agreement, which refers to the transfer of Carrier's
Maintenance Facility at Fields Point and the Machinists November 2, 1973 Titter
Agreement, which refers in part to transferred work from Fields Point to a new
AMTRAK Facility, provide the interpretative linkage between these two locations.
Since the Albany/Rensselaer Facility is a new facility and covered by the aforesaid
Agreements, we have no hard concrete evidence that the Electrical Workers
exclusively performed this work at Fields Point. The Machinist Organization is
not a signatory to the 152 Agreement and its work at the new Albany/Rensselaer
Facility is governed by the terms of the November 2, 1973 Letter Agreement. This
Agreement provides that work at this location will be performed as it had been
performed at Fields Point and there is evidence that the Machinists performed
this work at Fields Point. In the absence of a specific work rule which
explicitly reserves this work to the Electricians or compelling proof that they
performed this work at Fields Point or the former Albany/Renssalaer Passenger
Facility, we have no alternative other than to deny the claim.
A W A R D
Claim denied.
v
Form 1 Award No. 9461
Page
3
Docket No.
9279-T
2-NRPC-Ew-'83
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
/l~g~emarie Brasch - Administrative Assistant
·D~atedl/at Chicago, Illinois, this 4th day of May, 19830