Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11466
SECOND DIVISION Docket No. 11335-T
88-2-86-2-149
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (Formerly Seaboard Coast
( Line Railroad Company)
STATEMENT OF CLAIM:
1. That the CSX Transportation, Inc. (SCL) violated the controlling
agreement, in particular, Rules 93 and 26(a) at Rocky Mount Shop, Rocky Mount,
North Carolina beginning July 24, 1985 when Carrier transferred the connecting
and disconnecting of control cables for diesel locomotives used in freight
service and electrical testing of diesel locomotives to the transportation
employees, specifically the Hostlers and Hostlers Helpers.
2. That accoringly, the CSX Transportation, Inc. (SCL) compensate they
following Electricians W. H. Stewart, ID No. 111608, W. B. McDonald, ID No.
135083, S. M. Harris, Jr., ID No. 140738 and J. W. Smith, ID No. 176722 in they
amount of two (2) hours and forty (40) minutes each at the overtime rate for
this continuous time claim beginning July 24, 1985 and ending at such time
when jumper cable and electrical testing of diesel locomotives work is restored to the Electricians at Rocky Mount, North Carolina both dates inclusive.
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 pendency of this dispute and did file a Submission with the
Division.
The instant dispute is a continuing claim for loss of work opportunity wherein Carrier has allegedly violated Rules 93 and 26(a). Claim was
filed on September 12, 1985, on behalf of Electricians declaring that Carrier
Form 1
Page 2
Award No. 11466
Docket No. 11335-T
88-2-86-2-149
had removed what was historically Electricians work and given it to the
Hostlers Craft. That work consisted of disconnecting and connecting jumper
cables and load testing of engines at Rocky Mount, North Carolina.
The Organization supports its claim with contractual Rules, a 1980
letter from the Master Mechanic, a letter and signed statement attesting to
past practice and Awards. The letter from the Master Mechanic states that:
"The work of setting up and testing locomotive consists belongs contractually to the Machinists and
Electricians Crafts and it is a violation to permit
other employees to perform this work at a point where
these crafts are employed."
The UTU-E Local Chairman concurs in stating that:
"Until recently (approximately Feb. 83) electricians
and machinest (sic) were required to do the usual
coupling of jumper cables, air hoses and other devices
between locomotives ...and to conduct the proper brake
test associated with the locomotives in a consist..
The firemans contract does allow these things but it
is very specific also that we must not infringe upon
the contractual rights of any other craft.."
The Organization maintains that by historical practice at this point the contested work belongs to the Electricians.
The UTU-E entered a Third Party response which supported the Elec-
tricians position
Carrier's system,
for many years;..'
The Carr
the Electricians.
technical ability
Carrier notes tha servicing facilit fueling track. I exclusively belon system for years.
in the instant case. It argued that at this point on the
said work had "been performed exclusively by Electricians
t
y
t
g
ier denies any violation in that such work does not belong to
It notes that the disputed work does not require skilled
and is performed without meters or testing devices. The
Rocky Mount had been previously a running repair and
for locomotives, but after 1983 was basically used as a
is the Carrier's position that the contested work does not
to Electricians and has been performed by Hostlers over the
The Board's review of the Assignment of Work Rules 26(a) and the
Classification of Work Rule 93 finds that they do not specify the work herein
contested as belonging to Electricians. As such, since said work of connnecting and disconnecting jumper cables and "load testing" of locomotives are not
exclusively reserved by Agreement, the instant case must turn on historical
practice.
vow
Form 1 Award No. 11466
Page 3 Docket No. 11335-T
88-2-86-2-149
The assertion of past practice must be supported with substantial probative evidence. Carrier argues that conditions changed when it closed the
Rocky Mount Shop in 1983, but such does not change the basis of the contested
work. Carrier asserts that said work "is performed by hostlers at numerous
locations over the entire Seaboard System Railroad." It presented Awards and
argument asserting that the Organization must prove system-wide exclusivity to
prevail. The Organization argues that it must only demonstrate exclusivity at
a single point on the Carrier's lines (Public Law Board No. 3953, Award No. 5).
This Board finds that "point by point" exclusivity must carry the
same major burden for probative evidence. Herein, it is a matter of record
that Hostlers did not do the disputed work prior to 1983. However, the Organization has not demonstrated that only Electricians had done the disputed
work for numerous years as was demonstrated in Public Law Board 3502 (Case No.
4, Award No. 6). A careful review by this Board finds no statement by the Or~-
ganization as to the number of years the disputed work was performed. It
fails to find an unqualified statement on the property of exclusivity by
Electrical workers. The letters from the Carrier's Master Mechanic, the Local
Chairman UTU-E and arguments on the property suggest that such work was done
by mechanical forces (electricians and machinists). This Board cannot conclude from the record that the connecting and disconnecting of jumper cables
and load testing was continously, traditionally, historically and exclusively
performed by Electrical Workers at Rocky Mount. Finding insufficient evidence
to carry the burden of proof, the Board must therefore deny the claim.
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 20th day of April 1988.
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