Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11172
SECOND DIVISION Docket No. 10464-T
2-S00-EW-'87
The Second Division consisted of the regular members and in
addition Referee Steven Briggs 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 March 26, 1982, when it assigned Machinist W. Paquin to perform electrical
work, which should have properly been assigned to Electrician Edward Zinniel.
2. That the Soo Line Railroad Company be ordered to compensate
Electrician Edward Zinniel 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 Machinist's Organization was notified as third party in interest
and did file a Submission.
On March 26, 1982, the Carrier assigned Machinist W. Paquin to
connect a battery charger to the starting battery on its Power Car No. 800010
at Fond du Lac, Wisconsin. Edward Zinniel, the Claimant, is an Electrician
and was available for call when Paquin performed the work in question.
The Organization argues that the Carrier violated Rule 86 of the
current Agreement by improperly assigning a Machinist to do Electrician work.
Rule 86 is quoted in pertinent part below:
"1. Electricians` work shall consist of main
taining, repairing, rebuilding, inspecting and
installing the electric wiring of all generators,
switchboards, meters, motors and controls, rheo
stats and controls, motor generators, electric
headlights, and headlight generators, electric
welding machines, storage batteries, axle lighting
Form 1 Award No. 11172
Page 2 Docket No. 10464-T
2-S00-EW-'87
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, buildings, yards, and on structures, and
all conduit work in connection therewith, includ
ing 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
attendants (not including water service meters),
and substation 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."
The Organization feels that the above Rule clearly supports its
position that the maintenance of batteries and application of battery chargers
is exclusively Electrical craft work. The work was not incidental to any
other assignment, and is specifically itemized as an Electrical craft assign
ment in Classification Work Rule No. 86, quoted in pertinent part below:
"Electricians' work ;hall consist of maintaining,
repairing,
...
storage batteries
....'
The Organization also argues that since the Carrier did not provide a
reason for denial of the Claim within 60 days of its inception, the Claim was
not properly processed according to the meaning of Article V of the August 21,
1954, Agreement:
"(a) All claims or grievances must be presented
in writing or on behalf of the employe involved,
to the officer of the Carrier authorized to
receive same, within 60 days from the date of the
occurrence on which the claim or grievance is
based. Should any such claim or grievance be
disallowed, the carrier shall, within 60 days from
the date same is filed, notify whoever filed the
claim or grievance (the employe or his represen
tative) in writing of the reasons for such
disallowance. If not so notified, the claim or
grievance shall be allowed as presented, but this
shall not be considered as a precedent or waiver
of the contentions of the Carrier as to other
similar claims or grievances."
Form 1 Award No. 11172
Page 3 Docket No. 10464-T
2-S00-EW-'87
The Carrier differentiates between the "old" Rule 86 and the "new"
Work Classification Rule No. 86, noting that the latter did not become
effective until April, 1982, and the incident giving rise to this Claim took
place in March, 1982. It adds that the old Rule 86 does not reserve battery
chargers to the Electrical craft. The Carrier also asserts that under a 1949
Understanding, the resolution of jurisdictional disputes is beyond the scope
of this Board's authority. It maintains as well that the work in question
took less than five minutes, and was indeed incidental to the servicing of the
motor car by Machinist Paquin. Finally, the Carrier asserts that it did
provide a timely reason for denial of the Claim.
With regard to the Organization's procedural argument, we find that
the Carrier was in compliance with Article V of the National Agreement dated
August 21, 1954. The Claim was filed on March 21, 1982; the Carrier's
original denial letter was dated May 20, 1982, falling within the 60-day time
limit. Furthermore, the Carrier's letter specifies that the Claim was denied
because it was "not in accordance with schedule of rules." In accordance with
prior decisions of this Board (For example, Second Division Award No. 4556),
we find that such language meets the requirements of Article V, and therefore
deny the Organization's request that the Claim be allowed on a procedural
point.
We also find no evidence in the record to substantiate the Organization's argument that the new Work Classification Rule No. 86 applies to this
case. Rather, it appears from the evidence presented that the new Rule was
not yet in effect at the time of the incident giving rise to the instant
Claim. Thus, the matter before us must be resolved under the terms of the
"old" Rule 86. That Rule does not specifically mention battery chargers in
its listing of work reserved to the Electrical craft. Moreover, we find no
evidence that such work has hisr_orically belonged to the Electrical craft.
We also agree with the Carrier's argument that the work in question
was incidental to the work being performed by Machinist Paquin. Charging the
battery took less than five minutes and required no special skill. Moreover,
it would be unduly burdensome on an employer to require that an Electrician be
called out for just a few minutes work involving no special electrical skills.
Finally, this Board finds that it does have jurisdiction to resolve
the instant dispute on its merivs.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1987.