Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9810
SECOND DIVISION Docket No. 9453-·T
2-CR-MA-184
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( International Association of Machinists and
( Aerospace Workers - AFL-CIO
Parties to Dispute:
( The Consolidated Rail Corporation
Dispute: Claim of Employes:
That the Consolidated Rail Corporation violated the Controlling Agreement,
particularly the Scope Rule of the Agreement entered into by and
between The Consolidated Rail Corporation and The International
Association of Machinists and Aerospace Workers, dated May 1,
1979 when they required Electrician Mr. Sonick to make a nightly
check of the air compressor at 13th Street, Pittsburgh, Pennsylvania
and make repairs and check the oil level of same.
2. That accordingly, the Consolidated Rail Corporation be ordered to
compensate Machinist J. H. Pipes in the amount of Three (3) hours
daily, Sunday through Thursday, from January 20, 1980 until this
claim is resolved.
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 employes within the meaning of the Railway Labor
Act- as approved June 21, 1934.
This Division o f the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The E3nployes assert that the Carrier violated the Agreement in effect
between the parties, particularly the Scope Rule thereof, when it assigned
Electrician B
. J. Sonick, who was working for Amtrak on Diesel Locomotives at the
former Pennsylvania Station in Pittsburg, to inspect and check the oil level on
air compressor at 13th Street, Pittsburg, Pennsylvania. According to the
anployes this task constituted building and road maintenance work. It therefore
fell within the jurisdiction of the Machinists' Agreement, and should be performed
by Machinists at this location.
Form 1 Award No, 9810
Page 2 Docket No. 9453-T
2-CR-MA-184 ._r'
The Carrier agrees that during his tour of duty Electrician Sonick makes a
nightly check of the air compressor located at 13th Street, Pittsburg,
Pennsylvania,
for proper oil level. However, the Carrier stresses that Electrician Sonick does
not make any repairs. to the air compressor, nor does he add oil since oil is not
available to him. Rather, he merely makes a report of the air compressor's
condition, and if oil is needed a Machinist from Swissvale is dispatched to add
the oil.
This Division agrees with the Carrier that the work performed by Electrician
Sonick of checking the oil level in the compressor does not violate any rule of
the Machinists' Agreement. Although the Frnployes suggest that Electrician Sonick
also makes repairs to the compressor, this allegation is unfounded and not supported
by any evidence in the record before us. The &nployes have failed to establish
precisely what repair work, if any, was performed by the Electrician. Consequently,
the instant claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD _
By Order of Second Division
r
Attest:
Nanc 4KD°ver
Executive Secretary
Dated at Chicago, I1lnois, this 7th day of March, 1984