Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10726
SECOND DIVISION Docket No. 10423-T
2-SOO-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. That the Soo Line Railroad Company violated the current agreement
on April 24, 1982, when Machinists R. Bohlman was improperly
assigned to perform electrical work, which should have properly
been assigned to Electrician Peter Rice.
2. That the Soo Line Railroad Company be ordered to compensate
Electrician 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.
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 Claimant is employed by the Carrier as an Electrician at the Fond du
Lac Shops in Fond du Lac, Wisconsin. The instant claim alleges that the
Carrier violated the Agreement on April 14, 1982 when it improperly assigned
Machinist to perform electrical work, which should have been assigned to the
Claimant.
Rule 86, the Electrician's Classification of Work Rule that was in
effect at the time of the claim, states:
Form 1 Award
No. 10726
Page 2 Docket No.
10423-T
2-SOO-EW-'86
"1. Electricians' work shall consist of
maintaining,
repairing, rebuilding,
inspecting and
installing the
electric wiring of all generators, switch boards, meters,
motors and controls, rheostats and controls, motor
generators, electric headlights, and headlight generators,
electric welding machines, storage batteries, axle
lighting equipment, radio equipment, electric clocks,
and electric lighting fixtures; winding armatures,
fields, magnet coils, rotors, transformers and starting
compensators; inside and outside wiring at shops,
building, yards, and on structures, and all conduit
work in connection therewith, including steam and
electric locomotives, passenger trains, motor cars,
electric tractors, and trucks; cables, cable splicers,
high tension power house and substation operators,
high tension linemen, and all other work generally
recognized as electricians' work.
2.
Men employed as generator attendants, meter atten
dants (not including water service meters), and sub
station attendants who start, stop, oil and keep their
equipment clean and change and adjust brushes for the
proper
running of
their equipment, power switchboard
operators."
Although Rule
82 is
specific on the nature of Electicians' work, it makes no
reference to fire extinguishers. Accordingly, Rule
82 is
of no assistance to
the Organization. In Third Division Award
No. 11526,
the following was stated:
"It is a well established principle of this Division,
that where there is no express reference to the work in
the Scope Rule, that the intent of the parties can be only
ascertained by past practice, custom and usage on the
property. Awards
8001
(Bailer),
11028
(Hall),
10613
(Sheridan),
10715
(Harwood),
10954, 11120
and
11126
with the same Referee,
11128
(Boyd),
10931
(Miller),
10585 (Russell),
9625
(Begley),
7861
(Shugrue),
7806
(Caret') and others."
The initial paragraph of Rule
82
concludes with the phrase "and all
other work generally recognized as electricians' work". To come within the
scope of this broad generalized phrase, the Organization must prove the
existence of a controlling practice whereby the work on fire extinguishers
has been reserved exclusively to Electricians. In this connection, on
October
24, 1983 D.
Halkyn, General Chairman, sent C. M. Gormley, Director of
Relations, a statement signed on September
26
and
27, 1983
by employes of
various crafts (Machinists, Laborers, Pipefitters and Blacksmiths), which
states as follows:
Form 1 Award No. 10726
Page 3 Docket No. 10423-T
2-SOO-EW-186
"We are presently employed at the Fond du Lac Shops
by the Soo Line Railroad Company.
This is to certify that it has been a historical practice
on this property to assign all installation and main
tenance of fire extinguishers (particularly on roadway
equipment or motor cars) to the Electricians. This work
has been generally recognized as Electrical Craft
work for as long as I have been employed here. The only
exception to this was in April, 1982, when the
Electricians filed claims because this work was improperly
assigned to another craft."
It was not until December 14, 1983 that Gormley, Director of Labor
Relations, challenged the statement and the signatures of the employes who
signed the statement. However, the letter and attached documentation by
Gormley, Director of Labor Relations, was not exchanged on the property and
made known to the organization prior to its submission to this Board. As a
result, the December 14, 1983 Letter and the attached documentation cannot be
considered. Since the statement on the historical practice was not disputed
by the Carrier as required under the Rules of the National Railroad Adjustment Board, the probative value of the document must be evaluated. The
statement is specific in referring to the "historical practice" on the
Carrier's "property to assign all installation and maintenance of fire
extinguishers (particularly on roadway equipment or motor cars) to the
Electricians." The statement goes on to indicate that "this work has been
generally recognized as Electrical Craft Work for as long as I have been
employed here." The seniority dates of the employees range from 1941 to
1974. There is nothing in the record to impair the trustworthiness and
probative value of the statement and the employees of the various crafts who
subscribed to the statement. Contrary to the
contention by
the Machinists
organization in its Submission to the Board, as an interested third party,
that Machinists have performed work on fire extinguishers, eight (8) Machinists
subscribed to the statement on the historical practice of the Electricians.
Indeed, as opposed to the statement on the historical practice, the Carrier
has submitted mere assertions that other crafts, including the Machinists
have handled, installed, maintained, tested and recharged fire extinguishers.
However, "assertions are not an adequate substitute for probative evidence".
Therefore, consistent with Third Division Award No. 11526, "the intent of the
parties has been ascertained by past practice, custom and usage on the
property.-
Based upon the record this Board cannot conclude that the work in
question was de minimus or inconsequential. However, the Board has
determined that there is no monetary loss inasmuch as the Claimant was
working at the time the Machinists performed the work on the fire
extinguishers. Thus, since there was no monetary loss to the Claimant, he is
not entitled to any compensatory damages.
Form 1 Award No. 10726
Page 4 Docket No. 1042-T
2-SOO-EW-X86
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ,
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 5th day of February 1986.