Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11508
SECOND DIVISION Docket No. 11333
88-2-86-2-143
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Chicago and North Western Transportation Company
PARTIES TO DISPUTE:
(International Brotherhood of Electrical Workers
STATEMENT OF CLAIM:
May the Carrier rebulletin monthly rated lineman electrician positions to become hourly rated when the nature of the position has changed to
the extent that it now allows the employee holding the position to return to
his home station daily?
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.
Effective September 15, 1986, Lineman-Electrician W. A. Simon
resigned from the service of Carrier, the Chicago and North Western Transportation Company, at its DeKalb, Illinois, facility. Effective the same date,
Carrier abolished this monthly rated lineman-electrician position. On September 3, 1986, Carrier established an hourly rated station lineman position at
DeKalb. The Organization disputed Carrier's authority to unilaterally change
this position from a monthly to an hourly rating. The United States District
Court for the Northern District of Illinois subsequently ruled that this was a
minor dispute under the provisions of the Railway Labor Act. Subsequently,
the Carrier filed this claim with the Board.
This Board has reviewed the record in this case, and we find that the
Carrier has submitted sufficient evidence and authority to support its action
eliminating the monthly rated position and establishing the hourly rated position.
Rules 70 and 71 make it clear that the type of pay rating on a job
must coincide with the nature of that job. The record demonstrates that the
technological changes and other characteristics of that job that were changed
were such that the company was fully within its rights to eliminate the lineman electrician job and to establish the station lineman job. Pursuant to
Form 1 Award No. 11508
Page 2 Docket No. 11333
88-2-86-2-143
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Rules 70 and 71, the changes in the working conditions were of the nature to
allow the Carrier to make the new job an hourly rated position. The Carrier
was fully within its rights to unilaterally make the change in the basis of
the compensation when the characteristics of that particular job changed.
It is evident that the Organization is gravely concerned since the
Carrier had attempted to negotiate compensation changes to hourly rated in
all lineman positions and failed to obtain agreement. The Organization is
concerned that the Carrier is now attempting to unilaterally impose what it
could not negotiate. However, in this case, the Carrier is attempting to
legitimate its changes in, one particular job and shows no evidence of seeking
a blanket right to change the compensation basis of other jobs. In Award
25481 and 24165, we made it clear that the Carrier need not maintain a
position indefinitely if the characteristics of the work requirements have
changed. In this case, those characteristics have changed sufficiently to
allow the Carrier to make the change.
Consequently, this claim, which is limited to the single issue of
this particular job, must be sustained. In other words, in this case involving this job, the Carrier may establish the job since it has changed to a
position where the employee holding it is able to return to his home daily.
The Carrier may rebulletin this monthly rated lineman electrician
position to become hourly rated when the nature of the position has changed to
the extent that it allows the employee holding the position to return to his
home station daily.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
Nancy J. eliOF - Executive Secretary
Dated at Chicago, Illinois, this 6th day of July 1988.