Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11048
SECOND DIVISION Docket No. 10856-T
2-NIRCRC-EW-'86
The Second Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Northeast Illinois Regional Commuter Railroad Corporation
Dispute: Claim of Employes:
1. That the Northeast Illinois Railroad Corporation violated the
current agreement, particularly Rule 101, when it improperly assigned Carmen
P. Stabaloney and J. Biskup to disengage bilevel 480 volt cables, as well as
engine control and door cables on the carrier's equipment at the Blue Island
Yard.
2. That the Northeast Illinois Railroad Corporation be ordered to
compensate the Claimants, Electricians A. Lopez and R. Martin, for eight (8)
hours each at time and one half at the current rate of pay.
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.
On September 26 and 27, 1983 Electrician G. Stroka laid off. Two
Carmen (Stabaloney and Biskup), who were assigned to the same shift as Stroka,
removed 480 volt power cables engaged to Carrier's equipment in the Carrier's
Blue Island Yard. The Organization asserts (and the Carrier disputes) that in
addition to removal of the 480 volt cables, the Carmen also disengaged engine
control and door cables.
The record shows that during the on property handling of the Claim,
the Carrier presented a statement to the Organization from two Carmen to the
effect that at the Blue Island Yard, at various times when the Electrician has
been busy in other repair work, the Carmen have removed or applied power
cables.
Form 1 Award No. 11048
Page 2 Docket No. 10856-T
2-NIRCRC-EW-'86
140
The Organization argues that the work performed by the Carmen falls
within the scope of Rule 101's clear and unambiguous language and that the
assignment of the same to the Carmen constituted a violation of that Rule and
reduced the work opportunity available to the Organization. The Organization
further asserts that the Blue Island Yard is not an outlying point within the
meaning of Rule 28 so as to permit another craft to perform the disputed work.
Finally, the Organization argues that the Carrier has not established the
existence of a past practice to permit Carmen to perform the disputed work,
and even assuming that such a practice did exist, the practice cannot supersede the clear and unambiguous provisions of the Agreement.
The Carrier argues that no violation of Rule 101 occurred in this
case since the work of disengaging the cables is not specifically described in
Rule 101. On the dates in question, the Carrier further argues, all trains at
the Blue Island Yard were intact and no engine control cables, door cables, or
bi-level 480 volt cables were disengaged, but even assuming such occurred,
Rule 101 does not specifically cover that work. According to the Carrier, the
act of handling electrical equipment does not constitute installation, maintenance, repair, rebuilding or inspection within the contemplation of the
Rule. In light of the statement of the two Carmen, the Carrier asserts that
the disputed work does not belong exclusively to the Organization by virtue of
contractual rule or past practice. Finally, the Carrier argues that the
disputed work only took a few minutes' time and, in any event, was nonelectrical in nature.
Rule 101 of the Controlling Agreement states:
"ELECTRICIANS-CLASSIFICATION. Electricians' work
shall consist of maintaining, repairing, rebuilding, inspecting and installing the electrical
wiring of all generators, switchboards, meters,
motors and controls, rheostats and controls,
motor generators, electric headlights and headlight generators, electric welding machines,
storage batteries, lead burning, axle lighting
equipment, radio equipment; all inside telegraph
and telephone equipment, electric time clocks and
electric lighting fixtures in shops; winding
armatures, fields, magnet coils, rotors, transformers and starting compensators; inside and
outside wiring at shops, buildings, yards and on
structures and all conduit work in connection
therewith, including steam and electric loco=
motives, passenger trains, motor cars, electric
tractors and trucks; electric cables, electric
cable splicers, high tension power house and
substation operators, company owned power line
work in shops and yards, electric crane operators
from cranes of 40-ton capacity or over, and all
other work generally recognized as electricians'
work."
Form 1
Page 3
Award No. 11048
Docket No. 10856-T
2-NIRCRC-EW-'86
Rule 28 provides:
"At points where there is not sufficient work to
justify employing a mechanic of each craft, the
mechanic or mechanics employed at such points
will so far as they are capable of doing so, perform the work of any craft not having a mechanic
employed at that point."
A close examination of the record and a careful reading of Rule 101
causes us to conclude that the Organization has not met its burden in this
case. At most, the Organization has shown that the work performed by the
Carmen on the dates in question was the act of handling electrical equipment.
On the basis of the showings and arguments made, we are convinced by the
reasoning well-stated in Second Division Award No. 1966 wherein a similar
claim was presented. According to Award No. 1966:
"[T]he 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
...."
See also Award No. 10344
("...
the applying and removing of the 480 volt
stand-by cables is not work which is exclusive to the Electricians'
classification.").
In light of the foregoing, we find it unnecessary to address the
remaining arguments made by the parties.
A W A R D
Claim denied.
Attest:
~Nan-ccy J. r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of October 1986.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division