Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10721
SECOND DIVISION Docket No. 10456-T
2-S00-EW-'86
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Soo Line Railroad Company
Dispute: Claim of Employes:
1. The Soo Line Railroad Company violated the current agreement on
January 21, 1982, when Machinists K. Kremer and R. Huck were improperly
assigned to perform electrical work, which should have properly been assigned
to Electrican Peter Rice.
2. That the Soo Line Railroad Company be ordered to compensate
Electrican Peter Rice for two and two-thirds (2-2/3) hours' compensation.
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.
The Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Claimant is employed as an Electrician at the Carrier's Shops in
Fond du Lac, Wisconsin. In his claim, it is asserted that the Carrier
violated the Agreement on January 21, 1982 when Machinists K. Kremer and R.
Huck were improperly assigned to perform electrical work which should have
been assigned to him.
The relevant facts behind the filing of the instant claim consist of
events which occurred on January 20 and 21, 1984. On January 20, 1982
Machinists Kramer and Huck were instructed to repair the radiator on Spiker
No. 437201. After disconnecting hoses and retainer brackets they found it
necessary to disconnect two (2) AMP meter wires in order to remove the
radiator. They accomplished this task by removing two (2) retainer nuts from
the wires at the control panel. On the following day, January 21, they
reversed the process and applied the radiator to the machine. It should be
noted that the Claimant was on duty and worked eight (8) hours on January 21,
1982.
The critical question to be addressed is whether the wiring work in
question is work to be exclusively performed by Electricans.
Form 1 Award No. 10721 °
Page 2 Docket No. 10456-T '
2-S00-EW-'86
In support of its position the Union relies upon Rule 86 of the
Agreement which, in relevant part, provides as follows:
"Electricians, with the assistance of Apprentices
and/or Helpers, shall perform work encompassed by
this classification of work rule.
Electricians' work shall consist of inspecting,
connecting, assembling, applying, aligning,
disconnecting, repairing, rebuilding, maintaining
* * wiring * * * installing, removing * * * and
testing of:
(c) Electric motors, generators alternators * * *"
Moreover, the Union refers to the Classification of Work Rule, which,
in relevant part provides:
"Electricians' work shall consist of maintaining,
repairing, rebuilding * * * wiring of all generators * * * motors * * * on motor cars.* * *"
In its submission to the Board, the Machinists' Organization as an
interested third party, indicates that the type of work involved in this case,
namely, attaching two (2) wires to the ampere gauge, which took less than two
(2) minutes was work properly performed by Machinists. Moreover, the
Machinists contend that under the Machinists' classification of Work Rule, the
work involved on January 21 was routinely assigned to them in the performance
of their duties in the roadway work equipment shops, and in maintaining and
repairing roadway work equipment on the line of road.
After carefully examining the record, it is the Board's judgement
that the work performed by two (2) Machinists on January 21, 1982 was de
minimis and of an incidental nature. The overall work involved the installation of a radiator which had been removed from Spiker No. 437201 on
January 20, 1982. In removing the radiator the Machinists disconnected two
(2) AMP meter wires. Thus, to install the radiator after it had been
repaired, the machinists connected the two (2) AMP meter wires, which involved
the tightening of two (2) machine nuts. The task of connecting the two (2)
wires which it had disconnected the day before was ancillary to the main task
of installing the radiator; the task itself required a few minutes to perform,
and required a simple and limited skill which in no way threatened the
integrity of the Electricians' craft as provided in Rule 86 of the Agreement
and the Classification of Work Rule. In Second Division Award No. 8360, this
Board denied an Electrician's claim because a Carman changed a fuse.
Concluding that the work was incidental and de minimis this Board stated the
following:
Form 1 Award No. 10721
Page 3 Docket No. 10456-T
2-S00-EW-'86
"To hold otherwise, we believe, would seriously and
unduly hamper the efficiency of the operations of
the Carrier, without providing any meaningful or
necessary protections to the highly significant
and legitimate duties which are and will remain,
the exclusive province of the electrician's craft."
Moreover, in Second Division Award No. 7529, a Signalman performed
Electrician's work, but the Board denied the claim, and stated:
"The simplicity of this task, the limited skill
involved and the brief time involved have
historically been bases to mitigate claims which
might otherwise be found to have merit."
The Organization additionally requests that the instant claim be
allowed in its entirety because the Carrier gave no reason nor explanation for
its denial of the claim. In its "original denial letter" the Carrier denied
the claim because it is "not in accordance with the schedule of rules". The
Board is unable to concur in the Organization's contention. In this
connection, Second Division Award No. 4556, disposed of the same claim by
stating:
"Numerous prior awards of all Divisions of this
Board have determined that the requirements of
Article V are met by such language as we have
quoted above, therefore, we must deny the employes'
request for allowing the claim on the procedural
point presented and we therefore proceed to a
determination of the claim on its merits."
These aforementioned considerations lead the Board to conclude that
the instant claim be denied.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
,rte'
Attest: s
ancy J.
w
- Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1986.