Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10414
SECOND DIVISION Docket No. 9862-T
2-CRC-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
Parties to Dispute: ( Workers
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That at the Reading Rip Track on March 19, 1980 the
Consolidated Rail Corporation (Conrail) violated the
controlling agreement when Carmen M. Planer and W.
Lemanek were assigned to remove defective batteries and
install new batteries in caboose 4k CR22909 instead of
calling Electricians C. Long and J. Rishell who were
available to perform these ditties.
2. That Electricians C.
for three (3) hours
of Carmen craft per
3. That the General Superintendent at the Conrail Reading
Shops arbitrarily changed the agreement when he refused
to assign electricians to perform work of their craft
that originated from the Reading Rip Track, a location
where they had been doing all electrical work for over
thirty (30) years.
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 involvd
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.
Claimants C. Long and J. Rishell are classified as
electricians at Carrier's Reading, Pennsylvania Car Shop and were
normally assigned to work at the Freight Car shop.
On March 19, 1980, Carmen M. Planer and W. Lemanek, who were
assigned to work at the Rip Track, were directed to remove
defective batteries and install new batteries on caboose
#CR22909. The Organization contends that said assignment was in
violation of Rule 5-F-1 (b) and should have been performed by
Form 1
Page 2
Award No. 10414
Docket No. 9862-T
2-CRC-EW-'85
Claimants because such duties were included in the Electrical
Workers Classification of Work Rule and had been performed by
electricians for over thirty (30) years.
Carrier essentially argues that the Reading Rip Track was an
"out lying point" and that, as such, said action was protected by
Rule 5-F-2.
In any case which is brought before this Board it is
the dispute are presented
responsibility for such mi
itical to the resolution of
plete manner. The
nimal performance rests with the moving
party. In the instant case, which is a rules case, the moving
party is the Organization, and, upon reviewing the complete
record in this dispute, it is clear that the Organization has not
met this responsibility. Of particular significance is the fact
that the Organization's articulation of the facts fails to
establish where the contested work was performed. In this
regard, the Organization's Submission states as follows:
"As a result on March 19, 1930, Rip Track Carmen
were assigned to remove and replace batteries
on Caboose #CR22909. Rip Track General Foreman
had Caboose 'v`CR22909 placed on the track adjacent
to the Freight Car Shop where the Rip Track Carmen
acquired the new batteries for installation and
deposited the scrap batteries" (Emphasis added by
Board).
the Statement of Claim itself and in numerous exhibits which were
also included in the record, the Organization contended that the
disputed work was performed by Carmen Planer and Lemanek at the
Reading Rip Track.
The aforestated discrepancy is critical to the resolution of
the instant dispute; and a determination cannot be made unless
the matter is resolved. As the moving party in the instant case,
Organization's failing is fatal.
Claim denied.
Attest:
~ancyy J. r - Executive Secretary
Dated at Chicago, Illinois, this 5th day of June, 1985
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division