Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10739
SECOND
DIVISION
Docket No. 10518
2-CRC-EW-186
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute;
( Consolidated Rail Corporation
Dispute: Claim of Employes;
1. That under the current Agreement,particularly the Graded Work
Classification of Mechanics, Helpers and Apprentices in the M of E
Department - Electricians' Work, the Consolidated Rail Corporation
be ordered to allow the applicable Electricians' "C" rate of pay
as of December 27, 1982, for the following Electrician positions at
Selkirk, N.Y. Diesel Shop; and that the "E" rate allowed is improper:
RA-6
A-6
A-8
A-9
A-12
RB-2
RB-3
B-6
B-7
B-9
B-13
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence finds that:
The carrier or carriers and the employes 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.
In the controlling Agreement, the Graded Work Classification reads in part:
"C-Grade-Locating Troubles - Men of high grade skill
qualified and assigned to do all work necessary in
locating troubles with and making repairs to electrical
equipment of all kinds."
Form 1 Award No. 10739
Page 2 Docket No. 10518
2-CRC-EW-'86
"E-Grade-Installing, maintaining and repairing generators,
motors, transformers,oil switches, generator and switch
board control apparatus, measuring apparatus, protective
apparatus, electric lighting fixtures, electric headlight
turbo-generators, telephone and telegraph instruments,
winding and insulating coils and all other work assigned."
"Men assigned to inspecting and testing electric locomotive
equipment, including MP 362 cab signal test incident to
road failure. Does not include certifying to correctness
of reports on PRR Form MP162 E."
As interpreted by previous decisions of this Board (see Award 1683), the
essential distinction that exists between C Grade Work and E Grade Work is:
1. The skill and responsibilities required of the men assigned to do the
work;
2. That the words "locating troubles" which appears in the C Grade
Classification quoted above is not a decision factor in distinguishing E Grade
rate and C Grade rate work;
3. The E Grade men are generally specialists in a particular class or
apparatus upon which they work (in the instant dispute just diesel electramotive equipment); and to a large extent they remain in that class of work
during the major portion of their service; and
4. The C Grade men were highly skilled and have broad experience and
training in the electrical field and are qualified for assignment to
electrical equipment of all kinds.
The Organization contends that Claimants were assigned all work necessary
in locating troubles with and making repairs to electrical equipment of all
kinds of locomotives. This contention is based upon words in the C-Graded
Work Classification such as "persons of high grade skill", "qualified to do
all work necessary", and "locating troubles with and making repairs to
electrical equipment of all kinds." In the Board's opinion, this is not very
persuasive. Claimants were not assigned to locate troubles and make repairs
of all kinds of electrical equipment, nor does the record show Claimants were
not assigned to work beyond the scope of the "E" Grade.
The Organization also asserts that the Carrier seeks to render the "C"
rate without practical meaning or application.
In the Board's view, classifying part or all of the present "E" Grade Work
constitutes a revision of the current Agreement beyond Board authority. The
decision in Award 1683 and Decision 288 is controlling under the present
Agreement and governing in the instant dispute. The Graded Work
Classification is a matter of negotiations between Management and Employes.
Form 1 Award No. 10739
Page 3 Docket No. 10518
2-CRC-EW-186
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. Dp- Executive Secretary
Dated at Chicago, Illinois, this 19th day of February 1986.