Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.
1039:1
SECOND DIVISION
Docket
No.
9523-T
2-AT&SF-EW-'85
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( International Brotherhood
of Electrical Workers
Parties to Dispute:
( The Atchison Topeka and Santa Fe Railway Company
Dispute: Claim of Employes:
1. That the Carrier erred and violated the contractual rights of Mr. T.
Aulgar when other than Electricians were assigned to perform Electricians work
on go-carts.
2. That, therefore, Mr. Aulgar be compensated for twelve (12) hours at his
pro-rata rate of pay.
3. Further, that this is a
continuing claim
and he is to be compensated
for all electrical work performed on go-carts by employes other than
Electricians until such time as all electrical work on go-carts is assigned to
the Electricians Craft.
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.
The Claimant is an Electrician employed at Carrier's Shops located in San
Bernardino, California. On November 19, 1979, Carrier instructed a Machinist
to rewire an electric cart. On December 7, 1979, a Machinist was required to
remove, replace and rewire batteries to this so-called go-cart. It took the
Machinists twelve hours to complete this work. The Employes filed the instant
claim on December 29, 1979 asserting that the work performed on the go-cart
belonged to the Electricians' Craft. The claim was denied by the Carrier and
is before this Division for adjudication.
Form 1 Award No. 10391
Page 2 Locket No. 9523-T
2-AT&SF-EW-'85
The Employes insist that the work which is being claimed by the Electricians'
Craft in this claim consists of
maintaining, repairing,
rebuilding, inspecting
and installing the electric wiring of electric headlights and storage batteries
to the go-carts. This work is reserved to Electricians by Rule 88 of the September
1, 1974 Agreement, the Employes contend. Moreover, despite what the Carrier
claims, the Employes aver that Electricians have historically performed this
work at the San Bernardino Shops. It has not been historically performed by
Machinists, the Employes assert. Nor is there a jurisdictional dispute involved
here, in the Employes' view, since the Machinist Craft has not claimed the
disputed work. The Employes respectfully request this Division to uphold its
position and order the Claimant compensated for the work he should have performed
on the go-cart on November 19 and again on December 7, 1979.
The Carrier contends that the work claimed by the Employes has historically
been performed by Machinists at its San Bernardino Shops. Also, the Carrier
submits this .work has not been performed exclusively by any one Craft on this
property. Carrier stresses that no rule, practice or custom reserved the work
in question to the Electricians' Craft. The Carrier maintains that several
crafts have performed electrical work on go-carts at various points throughout
its system, including San Bernardino. Consequently, the Claimant had no exclusive
right to the work in dispute and the claim must be denied as a result.
It must be observed at the outset that Rule 88, the Electricians' Classification
of Work Rule, does not specifically reserve electrical work on go-carts to the
Electricians' Craft. Indeed, there is no reference to the term "go-carts" in
the Rule. Thus, to prevail herein the Employes must demonstrate that members 1"of its Craft have historically performed the work claimed by it in the instant
claim. In our considered opinion, the evidence before us is simply too equivocal
to support the Employes' contention that its members have exclusively performed
the work claimed here at San Bernardino.
There certainly is persuasive evidence in the record that Machinists have
also rewired go-carts at San Bernardino. Consequently, the Claimant had no
exclusive right to this work absent a specific contractual provision reserving
it to the Electricians' Craft. However, we have not been shown any explicit
rule on this property reserving the rewiring of go-carts to members of the
Electricians' Craft. Therefore, the Employes have failed to prove that the
work performed by Machinists on November 19 and on December 7, 1979 was exclusively
reserved to its members either by contract, custom or practice. The instant
claim must be denied as a result.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST:
Nancy,-14,,^ver - Executive Secretary
Dated at Chicago, Illinois, this 8th day of May 1985.