Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10344
SECOND DIVISION Docket No. 9837-T
2-CMStP&P-EW-'85
The Second Division consisted of the regular members and in
addition Referee John J. Mikrut, Jr. 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 effective September 1, 1949, in particular Rules 53
and 71 on March 16, 1981 and thereafter when it improperly assigned Foremen
Prosser and Digioia to perform electrical work.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company be
ordered to compensate Electrician Michael Dandre for eight (8) hours at
the current rate of pay for each day
commencing with
March 16, 1981 and
ending the date when the violation has ended, both dates inclusive.
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 of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was assigned for approximately thirty (30) years as an Electrician on
the third shift at Carrier's Western Avenue Coach Yard in Chicago, Illinois.
On March 16, 1981, Carrier abolished Claimant's position allegedly because
"...there was no need for an electrician on the third shift". Subsequently, however,
some of Claimant's job duties (specifically disconnecting and applying 480 volt
cables on three (3) passenger trains 2201, 2203 and 2205) were assigned to two (.2)
Foremen and were performed by said Foremen on various occasions thereafter.
On April 16, 1981, a
continuing claim
was filed by Organization on behalf of
Claimant which alleged that Carrier violated Rules 53 and 71 of the current Agreement
when it improperly assigned supervisory personnel to perform electrical craft work.
Form 1 Award No. 10344
Page 2 Docket No. 9837-T
2-CMStP&P-EW-'85
Organization's basic position in this dispute is that the work which was
performed by the two Supervisors was Electricians' work. According to Organization,
"(T)he work of disconnecting and applying 480 volt cables on these cars is and
always has been exclusively performed by electricians at the Coach Yard". Organization
contends that Carrier's assertions that the third shift Electrician's job was only
maintained for "security reasons" is absurd and cannot be accepted because Claimant's
job duties throughout the time of his assignment was to test and maintain the trains.
Lastly, Organization argues that Carrier's contention that the disputed job
duties were not exclusively performed by Electricians is false and, similar to
Carrier's overall position herein, is not supported by any factual evidence
whatsoever.
Carrier maintains that Claimant's position was abolished because no electrical
work was being performed on the third shift. According to Carrier, the primary
reason for having an Electrician on the third shift for the past several years
"...was for security reasons, which was not work exclusively assigned to
electricians"; and "...the work of applying and removing 480 volt yard standby
cables is not exclusively that of electricians" (Second Division Award 1996).
As a related matter, Carrier also argues that Claimant
did
not lose any wages
due to the abolishment of the third shift Electrician's position because Claimant
exercised his seniority and secured another position in his Seniority District; and
since there existed an open Electrician's position on March 16, 1981, there were no
Electricians furloughed as a result of the abolishment. Carrier further argues
that "...Claimant was fully under pay, and did not lose any earnings..." and also
that Claimant voluntarily retired from the service of the Carrier on April 28,
1982. Therefore, Carrier contends that the "...monetary portion of this claim
represents a penalty payment which is not supported by any schedule rules or
agreements" and thus cannot be authorized because "...Claimant can recover no more
than the loss he has suffered and of which he may rightfully be entitled... (and)...(H)e
is not entitled to be enriched" (See: Third Division Awards 17709, 16691, 15062,
14981 and 13958).
The Board has carefully read and studied the complete record in this dispute
and concluded that Carrier's position herein is correct and, therefore, must
prevail.
Although there is no doubt that Claimant's position was abolished and that
certain job duties which were once performed by him were thereafter performed by
supervisory employees, Organization has only produced evidence to show that said
job duties consisted of applying and removing the 480 volt stand-by cables. No
evidence whatsoever has been adduced by Organization to demonstrate that the
Supervisors performed any other job tasks which 'were originally performed by
Claimant and which were exclusive to his classification.
Form 1 Award No. 10344
Page 3 Docket No. 9837-T
2-CMStP&P-EW-'85
Apart from the critical concern that the contested duties accounted for an
extremely small portion of Claimant's overall job duties, Organization has completely
failed to address the issue of the decision in Second Division Award 1996 (which,
interestingly is a case which involves the same parties and, for all intents and
purposes, the same issue as that involved in the instant case). In that decision
it was concluded that, "(T)he simple act of handling electrical equipment does not:
constitute maintenance, repair or inspection within the contemplation of Rule 71".
The present Board is compelled to follow Award 1996 and concludes that the applying
and removing of the 480 volt stand-by cables is not work which is exclusive to the
Electricians' classification.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
s
Nancy _~ver - Executive Secretary
Dated at Chicago, Illinois, this 20th day of March 1985.