Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9462
SECOND DIVISION Docket No. 9420-T
2-CR-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:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation (Conrail) violated the current
Agreement effective May 1, 1979, in particular, Rule 2A and Exhibit "B",
and the Agreement between the New York Central System and the International
Brotherhood of Electrical Workers effective January 1, 1948, as
subsequently amended, when other than IBEW Communication Workers were
assigned to remove old communications cross arms on July 9, and 10,
1979.
2. That accordingly, the Consolidated Rail Corporation (Conrail) be ordered
to compensate Electrician Richard Zmayefski sixteen (16) hours pay at
the punitive rate of pay.
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.
Claimant contends that Carrier violated the controlling Agreement, particularly,
Rules 2A and Exhibit "B" as well as the Agreement between the New York Central
System and the International Brotherhood of Electrical Workers, effective
January 1, 1948 as Amended, when it assigned employes represented by the Brotherhood
of Railroad Signalmen to remove old crossarms and replace them with newer ones on
July 9 and 10, 1979. He asserts that the cross arms removed were historically
appurtenances and intricate parts of Carrier's communication system and were used
for telephone and telegraph wires. He avers that when the former Western Union
Employees became members of the New York Central System and performed the same
jobs formerly performed by them for the Western Union Telegraph Company, the work
became covered by the aforesaid January 1, 1948 Agreement, as Amended. He argues
that Second Division Award No. 7773 which addressed a similar craft jurisdictional
issue pointedly underscores and affirms his position. In that Award the Board
held in pertinent part that:
"The old Western Union cross arms fall within the description
Form 1 Award No. 94.62
Page 2 Docket No. 9420-T
2-CR-EW-'a3
of Rule 1(a) in that they are company owned, and were for the
support of the communication lines. They could also, reason
ably be classed as appurtenances, devices, apparatus and
equipment necessary to said systems and devices herein. The
work was improperly assigned in violation of the Agreement."
Carrier contends that no Agreement rule was violated since the Signalmen
simply removed and replaced vacant cross arms. It avers that the middle cross
arms which had been vacant since the early
1960's
had deteriorated to the point
where they were incapable of carrying signal wires and the signal forces were
instructed to remove the old cross arms and replace them with newer ones prior
to the installation of signal wires on the middle level. It argues that the
removal of the cross arms was work incidental to the installation of new ones
carrying signal wires and the work singularly accrued to the Signalmen. It
asserts that both crafts have removed cross arms when this work was incidental
to work accruing to their craft and class, and this practice has been consistently
observed on the property.
In our review of this case, we concur with Carrier's position. The work
performed by the Signalmen between MP
56
and
57
was specifically in connection
with installing signal wire, not communication lines and it was not unreasonable
to remove the old cross arms to accomplish this task. The old vacant cross arms
were not replaced for the purpose of installing communication lines, but for the
sole purpose of installing signal wire. Since installing signal wire is work that
clearly belongs to the Signal forces, the removal and replacement of vacant
cross arms, which is patently incidental to the primary protected work, accrues
to the Signalmen's craft. In the Award cited by Claimant as controlling herein,
the Division noted that the old Western Union cross arms fell within the
description of Rule 1(a) when they were Company owned and were for the support
of communication lines, but this decision is distinguishable since it identifies
communication lines as an integral aspect of the Rule's coverage. Communication
lines were neither removed nor replaced in this instance and thus, the work accrued
to the Signal forces.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Ad°ustment Board
By 'r
X--
r
semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 4th day of May, 1983.