Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11235
SECOND DIVISION Docket No. 11146-T
2-NIRCRC-EW-'87
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin 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 71 and Rule 53, on July 28, 1984, when it
improperly assigned Car Shop Superintendent Lee Thomas to perform Electricians' work on Train #2125.
2. That the Northeast Illinois Railroad Corporation be ordered to
compensate the Claimant T. Baker, for five (5) hours pay in accordance with
Rule 9 (minimum call).
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.
As third party in interest, the United Transportation Union was
advised of the pendancy of this case, but chose not to file a Submission with
the Division.
On July 28, 1984, the Carrier's Car Shop Superintendent, Lee Thomas,
performed work on Car 380 Train 2125, normally performed by Electricians. The
work in question involved the changing of an electrical contactor, which controlled the air conditioning of the car in question. The Organization stated
that this is a violation of Rule 53 which states in pertinent part:
"None but mechanics or apprentices regularly
employed as such shall do mechanics' work as per
special rules."
Form 1 Award No. 11235
Page 2 Docket No. 11146-T
2-NIRCRC-EW-'87
and Rule 71, which states in pertinent part:
"Electricians' work shall include electrical
wiring, maintaining, repairing, rebuilding,
inspecting and installing of all generators,
switchboards, meters, motors and controls,
rheostats and controls . . . inside and outside
wiring at shops, buildings, yards, and on all
structures and all conduit work in connection
therewith . . . and all other work properly
recognized as electricians' work."
The Organization stated the Rule is clear and Electricians could have
performed the work, and the Carrier should pay the Claimant as per the Claim.
The Carrier admitted that the work in question was performed by its
Superintendent. The Carrier argued it is allowed to utilize Supervisors to
perform work of the craft under Article III of the controlling Agreement which
states:
"None but mechanics or apprentices regularly employed as such, shall do mechanics' work as per the
special rules of each craft except foremen at
points where no mechanics are employed. However,
craft work performed by a foreman or other supervisory employees employed on a shift shall not in
the aggregate exceed 20 hours a week for two
shifts, or 60 hours for all shifts."
In addition, the Carrier stated this was an emergency situation. The
car in question was a passenger car, and it occurred during the summer. There
was a possibility that someone would re-connect the air conditioning circuit,
and thereby put passengers in danger. The Carrier submitted a number of
Awards upholding its right, under emergency circumstances, to utilize Supervisory personnel. The Carrier noted that this was a simple task which would
take approximately 10 minutes to perform and that no Mechanics are employed at
their Fox Lake facility.
The Board is not unsympathetic to the Carrier's argument regarding
passenger safety. However, it is not convinced that this work could not have
been properly performed by Electricians. Care could have been taken that the
circuit would not be re-connected until the car was returned to the shops
where Electricians could perform the work in question. The Board also finds
that Article III does not apply, and that Rule 71 is the controlling Rule in
this case. Therefore, the Board has no alternative but to sustain the Claim
and Award the Electrician Claimant 4 hours at straight time pay.
Form 1 Award No. 11235
Page 3 Docket No. 11146-T
2-NIRCRC-EW-187
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: -4~
Nanc J~ever - Executive Secretary
Dated at Chicago, Illinois, this 1st day of April 1987.