Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.
10392
SECOND DIVISION Locket
No.
9524-T
2-SOU-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:
( Southern Railway Company
Dispute: Claim of Employes:
1. That the Southern Railroad Company violated and continues to violate
the current working Agreement when on or about January 23, 1980 and every Wednesday
thereafter, supervisors assigned electrical work, maintenance and repair of all
Blue Flag Lights in the forwarding yard at Sevier Yard in Knoxville, Tennessee
to two Carmen S. L. Carrier and W. D. Hilbert, which is work reserved to the
electrical craft by agreement and which has been historically performed by
electricians from the electricians seniority roster.
2. That accordingly, the Southern Railroad Company compensate Electricians
J. T. Cade and J. W. Hussell, Sr., for five (5) hours pay each at straight time
rate beginning on January 23, 1980 and every Wednesday thereafter.
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 facts which gave rise to the instant claim are not in dispute. Claimants
are the regularly assigned Electricians employed at Carrier's Sevier Yard Shop
in Knoxville,
Tennessee. On
or about June 23, 1980, Carmen were instructed to
replace the dry cell batteries in the Blue Flag Lights they use to provide
protection while working on or about cars in the forwarding yard in the Sevier
Yard. Carmen evidently replaced these batteries on a weekly basis.
The Employes contend that Carrier improperly assigned electrical work to
Carmen, that is, the maintenance or repair of all Blue Flag Lights in the forwarding
yards at Sevier Yard. Such work, the Employes assert, is reserved to Electricians
by Rule 124, their Classification of Work Rule. The Employes aver that Electricians
were available to inspect and repair this lighting equipment; and to remove and
install the batteries in the Blue Flag Lights.
Form 1 Award
No.
10392
Page 2 Locket
No.
9524-T
2-SOU-EW-'85
The Carrier insists that no electrical maintenance or repair work was
performed by Carmen on the Blue Flag Lights. Rather, they merely replaced the
dry cell batteries in the lights they used to protect themselves while working
on or about cars. According to the Carrier, replacement of the batteries is a
simple task requiring no electrical skills.
No
electrical connections are
made and no tools are used in replacing the batteries, the Carrier maintains.
Initially, the Division finds that, notwithstanding the Employes' contention,
Carrier did not violate the time limits prescribed by Rule 35. The evidence
reveals that the Carrier received the claim on October 13, 1981 and denied it
on December 11, 1981. Consequently, Carrier obviously denied the claim within
the sixty day time limit set forth in Rule 35(a)(1).
Clearly, the
maintenance and
inspection of storage batteries is work reserved
to Electricians by Rule 124, the Classification of Work Rule. However, the
Employes have not convinced this Division that any work reserved to Electricians
was performed by Carmen at Sevier Yard. A11 the Carmen did was to replace the
dry cell batteries in Blue Flag Lights they used to provide protection while
they worked on or about cars in the yard. In our judgment, this was a task
that could be performed by Carmen since it involved no particular skill, no
tools, no electrical knowledge, and no electrical training. Rather, it entailed
a relatively simple task that could be performed by Carmen. Since the work in
dispute did not constitute the "maintaining, repairing, rebuilding, inspecting
and installing of... storage batteries", it was not impermissible for Carmen to
perform it. Accordingly, the instant claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest . _ _
Nancy ver -Executive Sec etary
Dated at Chicago, Illinois, this 8th day of May 1985.