Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 1039_1
SECOND DIVISION Docket No. 9541--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 Railway System violated and continues to violate the
current working Agreement when on or about June 30, 1980 allowed supervisors to
work on radio control trains and doing radio inspections on radios associated
with that equipment, which is work reserved to the Telephone Maintainers'
seniority roster.
2. That accordingly, the Southern Railway System be ordered to compensate
Telephone Maintainer H. R. Holmes, Jr. at the rate of one hour and a half fox,
each radio inspected and/or serviced.
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 sere given due notice of hearing thereon.
Claimant is a regularly assigned Telephone
Maintainer at
Debutts Yard
located in Chattanooga, 7Lznnessee. According to the Employes, on or about June
30, 1980, the Carrier allowed its Supervisors to work on the radio control
trains and/or to perform radio inspections on the radios associated with that
equipment. The Employes contend that Carrier should have sent this work to the
radio shop for the Telephone Maintainers to perform as it did in the past.
The Employes argue that pursuant to the Mediation Agreement dated January
27, 1965; and the September 1, 1951 Memorandum Agreement all radio equipment on
locomotives and cabooses, with certain enumerated exceptions, is to be
installed and maintained by Telephone Maintainers. It is the Employes'
contention that
the Carrier violated these rules, which rules provide no
exceptions, when it assigned Supervisors, who are not Telephone Maintainers,
the aforementioned work on or about June 30, 1980. The Employes insist that
Supervisors inspected, adjusted and maintained radios and their
components
contrary to these specific contractual provisions. Consequently, Telephone
Maintainers who should have been assigned this work must be compensated for the
time expended by Supervisors in performing work reserved to them, the Employes
assert.
Form 1 Award No. 10393
Page 2 Locket No. 9541-T _
2-SOU-EW-185
Initially, the Carrier alleges that the claim originally presented to it
was amended by the Employes when the name(s) of the aggrieved employees were
changed when the claim was appealed to it. The Carrier insists that the instant
claim must be dismissed as a result. And even were the claim at hand not procedurally
defective, the Carrier contends that there was no violation of any agreement
rules since no work reserved to Telephone Maintainers was performed by Supervisors
on or about June 30, 1980.
It is clear from the agreement rules cited by the Employes that Telephone
Maintainers on this property are reserved the work of installing and
maintaining
radio equipment used in train service. The central question to be resolved in
this dispute is whether Supervisors performed work reserved to Telephone Maintainers
on or about June 30, 1980.
There is simply no persuasive evidence in the record before us that Supervisors
performed any adjustments or repairs to radios used in train service. The
Employes have not convinced this Division that Supervisors repaired, performed
frequency adjustments, or modified any radio equipment on or about June 30,
1980. The Carrier has
convincingly demonstrated
that Supervisors merely prepared
Form 697 indicating that a particular radio was in a certain location. This
function, of course, does not constitute the installation and
maintenance of
radio equipment used in train service. Accordingly, Telephone Maintainers were
not entitled to this work. The instant claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST
Nancy ,-Wer - Executive Secretary
Dated at Chicago, Illinois, this 8th day of May 1985.