Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10516
SECOND DIVISION Locket No. 10159--T
2-S GZ-EW- ' 85
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rEn dered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the
controlling agreement effective January 1, 1968, in particular Rule
93 and 26(a) when on November 17, 1980 a Laborer was used to jump
start a Company truck by applying cables from the battery from a
forklift to the truck and on December 22, 1980, again a Laborer was
used to jump start a Company truck by aplying (sic) cables from the
battery
on
a shop mule to the truck.
2. That accordingly, the Seaboard Coast Line Railroad Company be'
ordered to compensate Electricians D. R. Sikes for two (2) hours
and forty (40) minutes at the overtime rate of pay for November 17,
1980 and J. F. Bolden for two (2) hours and forty (40) minutes at
the overtime rate of pay for December 22, 1980.
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 Claimants, D. R. Sikes and J. F. Bolden, are employed by the Carrier,
Seaboard Coast Line Railroad Company (now known as Seaboard System Railroad),
as Electricians at its Waycross, Georgia, shop.
On November 17, 1980, and again on December 22, 1980, a laborer used
battery cables to jump start a company truck, in the first instance from a
forklift, and in the second from a shop mule. The Organization thereafter
filed a claim on behalf of the Claimants, charging that the Carrier deprived
the Claimants of their rightful work.
Form 1 Award No. 10516
Page 2 Locket No. 10159--T
2-SCL-EW-185
The Organization contends that jump starting of vehicles is work that is
assigned to Electricians under Rule 93 of the controlling Agreement. The
Organization asserts that if the Carrier has assigned this work to shop
laborers in the past, then these work assignments violated the Agreement.
The Organization also contends that Electricians have both historically
and contractually enjoyed the right to perform the cork at issue. The
Claimants, further, were available, willing, and able to perform the work.
The Organization contends, therefore, that the Carrier wrongfully denied the
Claimants their right to perform the work.
Finally, the organization argues that the claim should be sustained, and
each Claimant should be awarded two hours and forty minutes of pay at the
overtime rate.
The Carrier contends that the work at issue is not reserved exclusively
to Electricians under the controlling Agreement. The jump starting of
vehicles is rvrk that Management may assign at its discretion; this work
historically has been performed by several crafts.
In addition, the Carrier argues that this work does not require special
electrical training, so it may be performed by many classifications of
employes.
The Carrier also maintains that if the work had been Electricians' work,
the Claimants would not be entitled to a call because it was less than ten
minutes' work. The Carrier points out that one of the Claimants would not
have received additional compensation had he performed the work; the other
Claimant was not on duty at the relevant time.
Finally, the Carrier argues that the Organization has introduced no
evidence to support its contention that the work is reserved for Electricians. The Carrier asserts that the claim should be denied.
This Board has reviewed all of the evidence in this case, and it finds
that there is no evidence that the work in question belongs exclusively to
the Electricians. Moreover, the Carrier has presented substantial evidence
that other crafts, including machinists, laborers, sheet metal workers, and
boilermakers have performed the same work as is claimed in this dispute.
As this Board stated in Award 5738:
"The issue in this case is whether Carrier violated any electricians' rules when it permitted a crane operator to connect two
jumper cables to two storage batteries to start his crane.
Organization failed to prove that such work is exclusively reserved
to electricians. We, therefore, find the claim without merit. "
Form 1 Award No. 10516
Page 3 Docket No. 10159-T
2-SCL-EW-185
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J D~er - Executive Secretary
Dated at Chicago, Illinois, this 4th day of September 1985.