Form 1 NATIONAL, RAILROAD ADJUSTMENT BOARD Award No. 11503
SECOND DIVISION Docket No. 11349-T
88-2-86-2-162
The Second Division consisted of the regular members and in
addition Referee James E. Mason when award was rendered.
(Brotherhood Railway Carmen of the United States and Canada
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM:
1. That the service rights of Cayman Painter James Davis and Rules
32, 154 and 156 of the controlling agreement were violated November 29, 1984
account other than carmen painters were assigned to perform carmen painter
work.
2. Accordingly, Cayman Painter Davis is entitled to be additionally
compensated eight (8) hours pay at pro rata rate for November 29, 1984 and for
each day said violation occurs on a continuous basis.
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 employees 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 were given due notice of hearing thereon.
The record reflects that the International Brotherhood of Electrical
Workers was duly notified of the pendency of this dispute and afforded an
opportunity to file a Submission. They did, in fact, both file a Submission
and testified at the hearing of this case by the Second Division with this
Referee sitting as a member thereof.
Here we have a case in which the petitioning party - the Carmen -
allege that Carrier violated the Rules Agreement - specifically Special Rules
154 & 156 and General Rule 32 when it abolished Claimant's locomotive painter
position on November 29, 1984, and thereafter allegedly assigned the work
"...
to electricians who use hand grinders to perform the work." The Carmen's
Organization also alleged that
"...
the work sandblasting (sic) locomotive
traction motor frames and other internal parts to remove paint, varnish, ect.
(sic) was transferred to employees of the Electricians Craft."
Form 1 Award No. 11503
Page 2 Docket No. 11349-T
88-2-86-2-162
The Electricians - who were the alleged recipients of this work -
contend that
"...
Electrical Workers do no more and no less work than before
modernization." and that the Carmen's Organization is by this claim seeking
'...
to rewrite and expand their work rules."
The Carrier argues that there was no transfer of work from one craft
to another. Rather, Carrier says, there simply was the elimination of a step
in a multi-step procedure which was no longer required. Carrier further
argues that as a result of the elimination of this intermediate step in the
traction motor reclamation and rebuilding process, neither Claimant nor the
Carmen's Organization lost any work which accrued exclusively to them and, in
fact, Claimant suffered no monetary loss whatsoever.
From the on-property record of this case, we learn that at Carrier's
Huntington, West Virginia locomotive repair facility there was, among other
operations, a program to rebuild traction motors. This rebuilding process
consisted generally of three steps. First, the traction motors were disassembled and the various parts were cleaned in a chemical solvent process known as
the Turco cleaner. If the traction motor frames were not sufficiently cleaned
by this process - and they generally were not - the frames were sent to a grit
blasting facility where Claimant grit blasted the frames. When this step in
the process was completed, the frames moved on to the Electricians' step.
Here the Electricians used sanders and/or grinders to make the final preparations of the field coil seats to insure a proper fit and good surface contact
of the coils in the rebuilt traction motor.
In mid-1983, Carrier initiated a modernization program at Huntington
Shops which included a new traction motor reclamation shop. In this new shop,
Carrier installed a new cleaning machine known as a Proceco cleaner. With the
installation of and after experience was gained with the use of this Proceco
cleaner, Carrier determined that the traction motor frames were being sufficiently cleaned by the Proceco cleaner and the need for grit blasting the
frames was eliminated. Carrier thereupon abolished the painter position which
had previously performed the grit blasting work and Claimant exercised his
seniority to another carman position. The electrician functions in the reclamation and rebuilding process continued in the same manner as before the modernization.
This Board, after a thorough review of all of the evidence of record
and after considering the presentations of all of the parties, concludes that
there has been no violation of any of the Rules of the Carmen's Agreement.
Rules 154 and 156 are Classification of Work Rules. Rule 32 provides
that none but mechanics and apprentices shall do mechanics work. These Rules
are clearly defined and mean what they say. They do not, however, prevent the
Carrier from modernizing its facilities and from eliminating items of work,
such as was done in this case. As this Board said in Award 4965 of this
Division:
Form 1 Award No. 11503
Page 3 Docket No. 11349-T
88-2-86-2-162
"This Board thus has an unresolved disputed
question of fact which it is not in a position to
resolve, whether laborers perform any of the
physical work of cleaning journals which was
formerly done by carmen.
It is clear that the Carrier is entitled to
eliminate or minimize physical labor by such a
method, and that it is not a violation of the
Agreement if a laborer, before the delivery of
wheel assemblies to the repair facility, but
without performing any physical labor of cleaning,
merely moves them into and out of the machine and
turns it on, either by inserting them, or simply
turning a switch.See Awards 3523, 4748 and 4796."
Also in Award 23458 of the Third Division it is recognized that
"...
what occurred in the instant case was no more than the normal consequence of
the installation of a labor-saving technique or device."
It is a well recognized maxim in Railroad labor relations that the
installation of a labor-saving technique and the elimination of an unneeded
work function does not give rise to a violation of a Classification of Work
Rule. See Third Division Awards 19468, 22832 and 25693.
In a situation of this kind, the Organization bears the burden of
proving an alleged violation of the Rules Agreement. To satisfy that burden,
the Organization must present both on the property and before this Board
probative and substantial evidence to demonstrate that the Carrier has done
something which is specifically proscribed by the Rules Agreement. In this
case, that required evidence is not to be found. Therefore, this claim must
be denied. See Second Division Awards 5340 and 11441 as representative in
this regard.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
Nancy J. ~- Executive Secretary
Dated at Chicago, Illinois, this 22nd day of June 1988.