Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11469
SECOND DIVISION Docket No. 11409-T
88-2-87-2-46
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:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That in violation of the Agreement, the management of the
Burlington Northern Railroad Company's Havelock, Nebraska Car Shop arbitrarily
assigned the work of Crane Operators, who are members of the Electrical Craft,
to other than Electrical Craft employees who are also employed at that
facility.
2. That in accord with the continuing claim filed on their behalf,
the Burlington Northern Railroad Company should be instructed to compensate
the following Crane Operators in the amount of hours, at the punitive rate,
entered beside each name:
K. D. Deubelbeiss 14 Hours
H. L. Buresh 10.3 Hours
H. Buntermeyer 16 Hours
S. R. Russell 8 Hours
G. L. Velder 12.5 Hours
R. D. Osburn 14.5 Hours
T. J. Hart 8 Hours
The amount of hours entered is correct as of December 20, 1985, and represents
violations of the Agreement on the dates of December 4, 6, 9, 10, 11, 12, 13,
16, 17, 18, 19 and 20, 1985, and is subject to further revision as may be
required.
The Burlington Northern Railroad Company should be further instructed
to cease the practice of assigning the work of these Crane Operators-Claimants
to members of other crafts or classes of employees.
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.
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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 Railway, Airline and
Steamship Clerks was advised of the pendency of this dispute and did not file
a Submission with the Division.
On four dates in December, 1985 Carrier assigned Mechanical craft
personnel to dismantle freight car trucks. In the performance of said work,
members of the Clerks craft were assigned to operate the Grove Mobile Crane.
By letter of December 10, 1985, the Organization filed a continuing
claim wherein it contested the assignment of Grove crane opearation for work
which was for fifteen (15) years done by members of the mechanical department
with the fifteen ton overhead crane. The contested assignment of work
occurred directly below the overhead crane. It is the organization's position
that the overhead crane was normally used for this work; that operators were
available; and that the work was Mechanical Department work. It's assignment
to Material Department employees from the Clerks Craft was violative of the
Agreement.
The Carrier does not deny that the disputed work has been done for
fifteen years by use of the overhead crane. Nor does it deny that the use of
the overhead crane is work belonging to Electrical Craft crane operators. It
is the Carrier's position that the disputed work is neither exclusively, nor
contractally assigned to the Organization. Carriers determination of the
equipment to be utilized is not restricted by Agreement and no violation of
Agreement therefore occurred.
This Board has carefully reviewed the record. It indicates that for
fifteen years when dismantling of freight cars was done by Carmen, the overhead crane was used and operated by the Electrical Craft Crane Operators. In
the instant case, Carrier performed the same work, but assigned the Grove
Mobile Crane to be used and directly below the overhead crane which was available and historically used.
The Board has searched the record and Agreement for probative evidence of a Carrier violation. Although sensitive to issues of past practice,
there is no showing of exclusivity on the Carrier's system, no showing of
Agreement language assigning such work to the Electrical Craft and no showing
of restrictive langauge holding Carrier to assignment of the disputed work to
particular equipment.
The Board finds no violation of the Agreement. Assignment of the
Grove mobile crane to the Material Department and its operation by non-electrical workers is not a violation of Agreement. The assignment of the Grove
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88-2-87-2-46
Mobile crane for work traditionally done by the overhead crane is without pro~-
bative evidence of Carrier violation. Lacking such evidence, the claim must
be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. eyCfr - Executive Secretary
Dated at Chicago, Illinois, this 20th day of April 1988.