Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9689
SECOND DIVISION Docket No.
9652
2-HB& T-EW-'83
The Second Division consisted of the regular members and in
addition Referee David Dblnick when award was rendered.
( International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
( Houston Belt and Terminal Railway Company
DISPUTE: CLAIM OF EMPLOYES:
1. That the Houston Belt and Terminal Railway Company violated Rules 22(a)
and (b) and Rule 100 of the September 1, 1949 controlling agreement;
Memorandum Agreement
signed April
16, 1945;
Article III of the
September
25, 1964
Agreement; and, Article V of the August
21, 1954
Agreement when they assigned Master Mechanic Woodard and Diesel
Electrician Wooldridge to perform.Maintenance Electricians work on
April
16, 1981,
thus, depriving Maintenance Electrician Neil macInne:r
of his contractual rights under the provisions of the Agreement.
2.
That, accordingly, the Houston Belt and Terminal Railway Company be
ordered to compensate
maintenance Electrician
Neil MacIrnes eight
(8)
hours at straight time rate for April
16, 1981.
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 basic issue here is whether Diesel Shop Electrician O. A. Wooldridge
performed work on April
16, 1981,
which belonged exclusively to Maintenance
Electricians and whether or not Master Mechanic Gordon Woodward, a supervisor,
also performed work on the same day which belonged exclusively to Maintenance
Electricians.
' Maintenance Electricians repair electrical equipment in the yard. As
such, they are required to be licensed by the City of Houston, Texas. Claimant
was, on April
16, 1981,
such a licensed Maintenance Electrician.
On April
16, 1981,
the Master Mechanic directed Diesel Shop Electrician
Wooldridge to pull eight wires out of conduit about eight feet, and replace
90 degree L.B. connector and also replace wires into breaker box panel. This
was a one man job which took approximately thirty (30) minutes to complete.
Carrier alleges that Master Mechanic Woodward performed no electrical work on
that date.
Form 1 Award No. 9689
Page 2 Docket No. 9652
- 2-HB&T EW-'83
Employes contend that the Memorandum of Agreement signed April 16, 1945,
assigns Maintenance of Way electrical work exclusively to Maintenance Electricians.
Since Wooldridge was a Diesel Shop Electrician and since only the Claimant
was a licensed electrician, he alone and not Wooldridge should have been
called on April 16, 1981 to perform the required electrical %ork. Claimant
was on duty and worked the full scheduled hours on that date. According to
the statement made by Oscar H. Horn, he and MacInnes were advised that the
entire Diesel Shop yard was without electricity and that they were to proceed
there to participate in making the necessary repairs to restore lighting.
The April 16, 1945 Memorandum Agreement, quoted in full in Enployes,
submission to this Board, in no way provides separate exclusivity of Maintenance
of Way and the Maintenance of Equipment Departments, and that portion of the
work known as Maintenance of Equipment Department will be within the scope of
the Mechanical Department, Electrical workers and that they will be carried
on the Electricians seniority roster in the Mechanical Department. A11
Electricians have equal job status.
Rule 22 of the applicable agreement provides that--seniority lists are
maintained by craft and subdivisions. The craft is Electrical Workers and
the subdivisions are
Electricians, Apprentices,
Electrician Helper, Generator
and Motor Attendants and Crane Operators. Wooldridge and the claimant were
on the same Electricians' seniority list. Each is qualified to bid for and
perform Electrician's work wherever necessary on Carrier's property. There
is no exclusivity differentiation between work on maintenance of way and in
the Diesel Shop. The fact that the Claimant was licensed and Wooldridge was
not is immaterial. That is a matter for the
government authorities
. It is
not a contractual condition affecting seniority.
Carrier denies that Master Mechanic Woodward did any electrical work on
the stated job on April 16, 1981. The only evidence presented by the Employes
that he allegedly did perform some work are two memorandas, one from Oscar H.
Horn and another from O. A. Wooldridge.
Mr. Horn's memo is dated February 10, 1982, ten (10) months after the
incident and after this claim was first submitted. It is also dated seven
(7) months after the Local Chairman first wrote to the Carrier appealing the
Superintendent's denial. In his memo Mr. Horn states that he witnessed Woodward
and hboldridge working on an underground line which fed some electrical pumps
in the yard. He stated that "Mr. Woodward had taped up the wires and fed
them through the conduit. He had also put the connectors on the L.B. conduit
that they replaced". Nowhere does Mr. Horn say that he saw Mr. Woodward tape
the wires or feed them through the conduit, nor does he say that he saw Woodward
put the
connectors on
the L.B. conduit. The mere fact that he saw Woodward .
and Wooldridge together is not evidence that Woodward performed work belonging
to the electricians.
He
was there supervising Wooldridge.
Mr. O. A. Wooldridge was the electrician who performed the work on April
16, 1981. He, too, wrote a memorandum dated Febdruary 12, 1982 - ten (10)
months after the incident occurred. He merely states that Woodward assisted
him. He does not state what electrical work, if any, Woodward actually did.
Supervision is assistance. It should be noted that Woodridge was then also
the Local Chaizman who presented the claim on
behalf of
Mr. Macinnes.
Form 1
Page 3
Award No. 9689
Docket No. 965 2
2-HB& T-EW-'83
The burden of proof is upon the Employes. That proof has not been met.
Neither of the two memos constitute a preponderance of substantial evidence
that Mr. Woodward actually performed electrical work.
A W A
R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of Second Division
Nancy
- Executive Secretary
Dated at Chicago, Illinois, this 12th day of October, 1983.