Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10719
SECOND DIVISION Docket No. 9894-T
2-CMSTP&P-EW-'86
The Second Division consisted of the regular members and in
addition Referee Tedford E. Schoonover when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company violated the current agreement, particularly Rule 71, on Septemer 30,
1981, when is unjustly abolished Electrician Dean Dueppen's position at the
Milwaukee Depot and assigned his work to Carmen.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company be ordered to reinstate Electrician Dean Dueppen's position at the
Milwaukee Depot and compensate Electrician Dueppen at the current rate of pay
for eight (8) hours' wages for each date commencing with September 30, 1981
and ending on the date when this violation has been corrected.
FINDINGS:.
i
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 were given due notice of hearing thereon.
Rule 71 cited in the grievance follows:
"Electricians work shall include electrical wiring,
maintaining, repairing, rebuilding, inspecting and
installing of all generators, switchboards, meters,
motors and controls, rheostats and control, static
and rotory transformers, motor generators, electric
headlights and headlight generators, electric
welding machines, storage batteries (work to be
divided between electricians and helpers as may be
agreed upon locally), axle lighting equipment, all
inside telegraph and telephone equipment, electric
clocks and electric lighting fixtures; winding
armatures, fields, magnet coils, rotors, transformers and starting compensators; inside and
outside wiring at shops, buildings, yards and on
Form 1 Award No. 10719
Page 2 Docket No. 9894-T
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structures and all conduit work in connection
therewith (except outside wiring provided for in
Rule 72), steam and electric locomotives, passenger
train and motor cars, electric tractors and trucks;
include cable splicers, high tension power house
and substation operators, high tension linemen, and
all other work properly recognized as electrician's
work."
Prior to September 30, 1981, Claimant held the position of Elec-
trician at the Milwaukee Depot. His position was abolished based on a Carrier
finding there was no further need for an electrician at the depot due to the
decline in the number of Amtrak passenger trains serviced there. Claimant
exercized his seniority as an Electrician at the Milwaukee Diesel Shops.
The Organization contends that Carrier violated the Labor Agreement
by unjustly abolishing Claimant's position and assigning his duties to Carmen.
It is contended particularly that Carrier violated Rule 71 when it improperly
assigned employes of the Carmen craft to perform "electrical inspection,
maintenance and repair on locomotive and passenger car equipment at the Milwaukee Depot; that such work should properly have been assigned to Claimant
whose position was wrongfully abolished.
In detailing the work performed prior to abolishment of Claimant's
position the Organization stated the following:
"1. Removal of 480 volt cables from locomotives.
2. Application of depot power lines.
3. Interior electrical inspection of cars
4. Replacement of flourescent and incandescent light bulbs.
5. Replacement of ballasts.
6. Adjustment of doors all of which are controlled by electric
micro switches.
7. Maintenance and repair of depot power cables.
8. Emergency electrical service."
In further support of the Claim, the Organization submitted a copy of
a journal prepared by Claimant which reviews his duties day-by-day during the
period September 8 to 27, 1981, immediately prior to the abolishment of his
position. Study of the journal shows his duties were essentially the same
from day to day and we quote from the journal for September 16, 1981, a
typical date, as follows.
Form 1 Award No. 10719
Page 3 Docket No. 9894-T
2-CMSTP&P-EW-'86
"9-16-81
1st.
332 Removed shore power & connected Eng. cable
made certified brake test & released trac
331 Disconnected Cables from Eng. & App Shore
Power Made Int. & Ext. Insp. 334 Removed
Shore Powers & connected Eng. Cable
made certifed brake test & Released trk
2nd
333 Disconnected engine Cables. Made exterior
inspection
336 Connected Engine Cables. Checked train
lighting made brake test, dispached train.
335 Disconnected cables from Engine. Applied
share power. Made exterior & interior
inspection. #20114 A toilet.flush valve B.O.
337 Disconnected Cables from Engines. Share Power
appl. Exterior & Interior Inspections made
20235 toilet B.O. Locked & taped."
It will be seen from the above that Claimant was preponderantly
occupied with the disconnecting and connecting power cables from locomotives
and coaches to and from station power supply, turning on and shutting off
station power, making inspections, brake tests and releasing the track
following completion of such duties. Incidental to his inspection work
Claimant reported changing light bulbs, and, in one case he reported taping a
damaged seat in a coach. In others he reported malfunctioning toilets in
coaches and leaking air conditioning units. In one case he found an air
conditioning unit low on freon and switched the unit on manual override.
Defending against the grievance, Carrier contends the work under
Items 1 and 2 above is not exclusively reserved to Electricians and has always
been performed by Carmen. Carrier states further that the work under Items 3,
4, 5 and 6 is not being performed at Milwaukee. Rather, it is done by Amtrak
forces in Chicago from whence the trains are dispatched. Finally, as to Items
7 and 8, such work is not now, nor ever been performed by Carmen. Carrier
states that should the need for maintenance and repair of depot power cables
and /or emergency electrical service an Electrician will be called from the
Milwaukee Diesel Shops.
In view of the fact the grievance involves conflicting jurisdictional
Claims between the IBEW and the BRCA, information as to the Claim was submitted to the Carmen's Organization for review and comment. A statement of
the Carmens' position was submitted in a letter to the Second Division by R.
A. Johnson, General Chairman. The essential portion of the statement follows:
Form 1 Award No. 10719
Page 4 Docket No. 9894-T
2-CMSTP&P-EW-`86
"First of all, we wish to state that the Carmen's
Organization does not lay claim to any work of an
electrical nature such as repairing, modifying,
building or dismantling of machinery or electrical
devices which properly belong to the Electrical
Workers.
We do, however, take exception to the claim of the
Electrical Workers that the removal of the 480 volt
cables from locomotives is work which is done by
them exclusively. This cable is used as a re
placement to the old steam and signal hoses that
were connected and disconnected by the Carmen Craft
and also the replacement cables that connected to
house power, or as they claim depot power lines, by
the carmen on duty.
The subject matter of this dispute has been dis
cussed with the Local Chairman representing the
Brotherhood Railway Carmen of the United States and
Canada and it remains our position that this work
is not work that has exclusively been performed by
employes of the Carman's craft at other locations
on the Milwaukee Road System."
The Board has made an extensive review and study of the evidence and
argument submitted by both the IBEW and the Carrier, and also the Carmen's
evidence. In the first place it is noted that the essential work reserved to
Electricians by Rule 71 is summarized in the opening lines of the Rule as
follows:
"Electricians' work shall include electrical
wiring, maintaining, rebuilding, inspecting and
installing. . . '.
The balance of the Rule specifies the various kinds of electrical
equipment embraced under duties quoted above. The Rule is clear in reserving
exclusively to Electricians, a highly skilled craft, the kinds of work requiring their particular kind of expertise. In the situation reviewed here
the Claimant's work was limited to servicing locomotives and coaches at the
Milwaukee Depot. He pulled cable plugs from the locomotives and connected
coaches to the station power supply. Later, when the train was being prepared
for departure he reversed the operations, pulled plugs detaching the cables
from the station power supply and inserted the plugs to the locomotives. None
of such work can reasonably be characterized as requiring the skill of an
Electrician as referred to in Rule 71. This is not to detract from the
importance of the Claimant's duties but only to place them in proper frame of
reference.
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Page 5 Docket No. 9894-T
2-CMSTP&P-EW-'86
On the contrary, Claimant's work can more properly be characterized
as routine service functions, assuredly important and requiring the attention
of a responsible and experienced employee, but not the skill of a Journeyman
Electrician. Certainly this holds true for his work in pulling plugs and
reinserting plugs in transferring power from the locomotive to station power
supply and vice versa, and also the occasional changing of light bulbs.
Moreover, his inspection work did not include electrical equipment such as
defined in the Rule. On the contrary, he checked air conditioning equipment,
coach seats and toilets. This is not the kind of work reserved to the
Electrician's craft but is commonly performed by Carmen as illustrated when
Claimant reported changing a brake shoe. For these reasons we are bound to
recognize the merit in the Carrier statement that such work has always been
performed by Carmen and is not work exclusively reserved for Electricians.
This view is reinforced by the statement from the Carmens' organization
referred to above.
The claim involved here has been the subject of two previous cases
involving these same two parties. The first previous case, a 1953 claim as
covered in Award 1996, involved the issue wherein the Carrier employed Carmen
to do some of the same work as here involved. The only difference was in the
location i.e., the former case was in Chicago whereas this one deals with the
problem in Milwaukee. In Award 1996 the Claim was denied based on the
following reasoning:
"This record and agreement do not justify our
holding that the simple acts of plugging in or
detaching electrical lines or cables, the shifing
of a Mars signal light from one train to another,
and similar acts complained of, which duties have
long been performed by carmen as incidental to
their car inspection assignments, is exclusively
' the work of electricians. As was the case in Award
1980, the incidental duties required by carmen in
the instant case required no repair, no inspection,
no testing, no tools, no electrical knowledge and
no electrical training. The simple act of handling
electrical equipment does not constitute
maintenance, repair or inspection within the
contemplation of Rule 71."
The issue was the same in Award 10344, a 1981 Claim involving coach
yards in Chicago. The disputed work involved "disconnecting and applying 480
volt cables on (3) three trains 2201, 2203 and 2205 were assigned to two (2)
Foremen and were performed by said Foremen on various occasions thereafter."
That claim was against using supervisory personnel to perform electrical craft
work. In denying the claim the Division cited the earlier Award i.e., 1996
and added the following:
Form 1 Award No. 10719
Page 6 Docket No. 9894-T
2-CMSTP&P-EW-'86
"Although there
is no doubt that Claimant's
position was abolished
and that certain job duties
which were once performed by him were thereafter
performed by supervisory employees, Organization
has only produced evidence to show that said job
duties consisted of applying and removing the 480
volt stand-by cables. No evidence whatsoever has
been adduced by Organization to demonstrate that
the Supervisors performed any other job tasks which
were originally performed by Claimant and which
were exclusively to his classification.
Apart from the critical concern that the contested
duties accounted for an extremely small portion of
Claimant's overall job duties, Organization has
completely failed to address the issue of the
decision in Second Division Award 1996 (which,
interestingly is a case which involves the same
parties and, for all intents and purposes, the same
issue as that involved in the instant case). In
that decision it was concluded that, "(T)he simple
act of handling electrical equipment does not
constitute maintenance, repair or inspection within
the contemplation of Rule 71". The present Board
is compelled to follow Award 1996 and concludes
that the applying and removing of the 480 volt
stand-by cables is not work which is exclusive to -
the Electricians' classification."
The issue in the instant case is not different than the issues in
those two earlier cases cited above. The Organization has not presented any
new evidence that detracts in any sense from the reasoning supporting the
awards in those cases. Based on the awards in those earlier cases and also
our finding that the work reviewed in the instant case is patently not the
kind requiring the skill of an Electrician it is our determination that the
claim must be denied.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest.
ancy J.
vSV-
Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1986.