Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11175
SECOND DIVISION Docket No. 10820
2-DM&IR-EW-'87
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Duluth, Missabe and Iron Range Railway Company
Dispute: Claim of Employes:
1. That the Duluth, Missabe and Iron Range Railway Company violated
Rule 74 of the current Shopcraft Agreement when it wrongfully assigned a Radio
Department employe to install an instrusion alarm in the B & B building at
Iron Junction, Minnesota on Tuesday, May 24, 1983.
2. That, accordingly the Duluth, Missabe and Iron Range Railway
Company be ordered to pay Electrician Andrew Godnai eight (8) hours pay at the
straight time rate for Electricians.
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 an Electrician at the Carrier's Iron Junction facility. On May 24, 1983, the Carrier assigned a Radio Department employe to
install an instrusion alarm in the B & B building at Iron Junction. The Organization contends the work in question belongs to Electricians by reason of
Rule 74, which reads:
"Electricians' work shall consist of maintaining,
repa-firing, rebuilding, inspecting and installing
the electric wiring of all generators, switchboards, meters, motors, and controls, rheostats
and controls, motor generators, electric headlights and headlight generator, electric welding
machines, storage batteries, axle lighting equipment, and signal equipment, installing and repairing all inside and outside telegraph and telephone
equipment except when done by linemen, electric
Form 1 Award No. 11175
Page 2 Docket No. 10820
2-DM&IR-EW-'87
clocks and electric lighting fixtures, winding
armatures, fields, magnet coils, rotors, trans
formers and starting compensators, inside and
outside wiring at shops, buildings, yards and on
structures and all conduit work in connection
therewith; installing and repairing all telegraph,
telephone and electric pole lines and service
wires either overhead or underground and all work
in connection therewith except when done by line
men; including steam and electric locomotives,
passenger trains, motor cars, electric tractors
and trucks; telephone, telegraph and electric
cable splicing; high tension power house and sub
station operators, high tension linemen, electric
crane operators and all other work generally
recognized as electricians' work."
The Carrier responded to the Organization's appeal by stating that
instrusion alarms have been installed and maintained by the Communications
section for a number of years. The Carrier subsequently acknowledged that
Electricians have done some of the work in dispute, but contended this did not
make the work exclusively theirs. The Carrier attached a listing which
enumerated a substantial number of installations by the Communications Depart- -
ment going back at least twenty years.
This Board has examined the assertions of the organization and must
conclude that it has not by a preponderance of evidence established the work
of installing alarms belongs exclusively to Electricians. Secondly, we find
no support for the argument Rule 74 specifically reserves such work to the
Electricians. Thus, we are faced with a Claim that is general in nature and,
as indicated above, the Organization has not sustained its burden in establishing Electricians have performed such work historically and exclusively.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1987.