Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11346
SECOND DIVISION Docket No. 10931-T
2-C&WI-EW-'87
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Chicago and Western Indiana Railroad Company
Dispute: Claim of Employes:
1. That the Chicago and Western Indiana Railroad Company violated
the current agreement, particularly Rule 102, on January 13, 1984 when it
improperly assigned the removal of a telephone set and related wiring, and on
January 16, 1984, when the Carrier improperly assigned the installation of a
telephone set and related wiring.
2. That the Chicago and Western Indiana Railroad Company be ordered
to compensate the Claimant, W. Dunne, for ten hours' pay, in accordance with
Rule 7.
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 Brotherhood of Maintenance of Way
Employes was advised of the pendency of this case, but chose not to file a
Submission with the Division.
The Organization in this Claim asserts that the Carrier violated that
portion of Rule 102 which reads:
"Electricians work shall consist of repairing, rebuilding, installing, inspecting, dismantling and
maintaining the electric wiring of generators . . .
telephone and telegraph equipment . . . and all
other work properly recognized as electricians
work."
Form 1 Award No. 11346
Page 2 Docket No. 10931-T
2-C&WI-EW-'87
The Claim here involves events which occurred on two separate dates.
With respect to the removal of a telephone set and related wiring on January
13, 1984, the Carrier, in its first denial of the Claim on March 29, 1984,
stated that it did not know who removed the "telephone set and wiring" from
the building in which it was located. In its denials of May 22 and June 26,
1984, it stated that "the Carrier had no control of the removal of the telephone" and "Inasmuch as this phone was removed without the authority or knowledge of this Carrier, there has been no violation of the Agreement." Many
Awards in this industry have held that when the contested work is not performed at the Carrier's initiative, under its control, or its expense, the
work is not within the scope of the Agreement. (See among others, Third
Division Award No. 26013.) We essentially so find here.
Turning to the January 16, 19$4, work claimed, the Carrier, in its
letter of May 22, 1984, contended that a modular telephone box became ". . .
loose from the molding and a carpenter reattached same into the wood molding
with a wood screw. At this time a 'Y' connector was plugged into the outlet
and a phone plugged into the 'Y' connector." It asserts that no wiring was
repaired or replaced when this was done.
The Organization has not established that the work performed on
January 16, 1984, accrued to its craft. Essentially, as best we can ascertain, all that occurred was that a "Y" connector was plugged into an existing
outlet and a phone plugged into the "Y" connector.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of September 1987.