Form 1 NATIONAL RAILROAD ALITUSTMENT BOARD Award No. 11106
SECOND DIVISION Docket No. 10714-T
2-NIRCRC-EW-187
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:
(Northeast Illinois Regional Ccmuter Railroad Corporation
Dispute: Claim of Employes:
1. That the Northeast Illinois Railroad Corporation violated the
current agreement effective October 16, 1948, in particular Rules 101 and 28
on March 2 and 3, 1983, when it. improperly assigned Foreman R. Morris and
Cayman J. Biskup to tie up the electrical cables at the Blue Island Coach Yard.
2. That the Northeast Illinois Railroad Corporation be ordered to
compensate Electricians R. Soukup and P. Wild for sixteen (16) hours each at
time and one half.
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 Claimants, who are Electricians, are employed by the Carrier at
its Blue Island Coach Yard, in Chicago, Illinois.
On or before March 2, 1983, Foreman R. Morris was instructed to
correct an existing safety hazard consisting of unsecured electrical cables
attached to the standby service bridge. On March 2 and 3, 1983, Foreman
Morris accanpanied by Caiman J. Biskup secured the extra 480 VAC cables to
their power reels with heavy steel wire. In performing this work, the Carrier
acknowledged that it eliminated the potential shock hazard to children or
anyone else not knowledgeable with the dangers involved, who might cane in
contact with the unsecured head of the cables.
The organization contends that the work performed by Foreman Morris
and Cayman Biskup is within the scope of Electricians' work. After carefully
examining the record, the Board concurs with the position of the organization.
Form 1
Page 2
Award
No. 11106
Docket
No.
10714-T
2-NIRCRC-EW-187
Rule 101 states, in relevant part:
"Electrician's work shall consist of maintaining,
repairing, rebuilding, inspecting and installing
...
inside and outside wiring at shops, building
yards, and on structures
...
electric cables ..
Company owned power line work in shops and yards,
...
and all other work generally recognized as
Electrician's work."
The Hoard concludes that the work performed by Foreman Morris and
Cayman Biskup constituted Electricians' work within the scope and meaning of
Rule 101. In a letter dated August 3, 1983 which Richard C. Runyon, Chief
Mechanical officer, sent to D. Halkyn, General Chairman, he described the work
that was performed. He stated:
"On March 2 and 3, 1983, Foreman R. Morris and
Carman J. Biskup tied up some cables attached
to the standby service bridge at Blue Island
Coach Yard. These cables are connected to reels
which raise or lower two sets of cables each.
However, when used to apply wayside power through
the front end of a locomotive, only one cable is
compatable (sic) to the receptacles on the locomotive. The past practice has been to plug the
female cable into the nose of the locomotive and
leave the male cable on the ground. This created a
safety hazard since this cable is fed with 480 VAC
and could be picked up by children in the area."
The Board concludes that tying up, and connecting the cable to reels
to eliminate a safety hazard constitutes "maintaining, repairing *** electric
cables" within the meaning of Rule 101. The Carrier contends that no circuitry or electrical modifications were required to tie up the cables. However, it should be pointed out that circuitry or electrical modifications are
not referred to in Rule 101.
Reinforcing the conclusion that the work performed by Foreman Morris
and Carman Biskup violated the Controlling Agreement are the terms of Rule 28,
which in relevant part, provides:
"None but Mechanics or Apprentices regularly
employed as such shall do Mechanic's work as
per the special rules of each craft except
Foremen at points where no Mechanics are
employes."
Thus, under Rule 28, only the Mechanics of each craft are entitled to
perform the work of their respective craft.
Form 1 Award
No. 11106
Page 3 Docket
No.
10714-T
2-NIRCRC-E~F-' 87
Since the record supports the conclusion that a total of six
(6)
hours was spent by Foreman Norris and Cayman Biskup on March 2 and 3, 1983,
the Carrier is obligated to award to each of the Claimants three (3) hours of
pay at time and one-half.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J ~ver - Executive Secretary
Dated at Chicago, Illinois, this 7th day of January 1987.