Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11614
SECOND DIVISION Docket No. 11469-T
88-2-87-2-110
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
1. That the Soo Line Railroad Company violated the current agreement, particularly Rule 2, when it assigned Telex Corporation personnel on
April 21 and 22, 1986, to perform test work on the switchboard at the Miller
Davis Building and the switchboard at Soo Line Building.
2. That, accordingly, the Soo Line Railroad should compensate the
Claimant Keith Fischer for ten (10) hours at the rate of time and one half.
FINDINGS:
The Second Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier and the 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.
The Organization claimed a violation of Rule #2 when the Carrier assigned the Supervisory Engineer and an outside contractor to repair and test a
switchboard at the Carrier's Soo Line building located in Minneapolis, Minnesota.
Rule #2 is reproduced below:
"These rules shall apply to and govern the employment, hours
of service,, working conditions and compensation of all employees in the Communications Department, below the rank of Assistant Engineer Electronics Communications, except that.they
shall not apply to Draftsmen or clerical employees.
The work of the employees covered by this Agreement shall consist of all assembling, installing, removing, dismantling,
connecting, disconnection, repairing, rebuilding, maintaining,
overhauling, adjusting, applying, wiring, calibrating, aligning, stripping, cleaning, lubricating, and testing of all
telephone, telegraph, communication switchboards, inter-office communications systems, public address, talk back, and
paging systems; carrier systems and equipment including carrier transmitter, receivers, repeaters, multiplexing and re-
Form 1 Award No. 11614
Page 2 Docket No. 11469-T
88-2-87-2-110
lated equipment used for communication or control, telephone
dial switching equipment, radio transmitter, receivers and
related equipment used for communication or control, hot box
and dragging equipment detectors; closed circuit television
camera, receivers and recorders; 'data' sets and transmis
sion circuit; wires, cables, conduit, and antennas used for
above equipment."
The Organization claimed that Rule #2 is clear and since there was a
lost opportunity for work, the claim of 10 hours at time and one-half is appro
priate, and the Organization cited a number of awards to bolster their position.
The Organization noted their members are now doing the work and, therefore, the
Carrier concedes that the work belongs to the International Brotherhood of Elec
trical Workers members. The Organization also contended that it did not receive
the letter informing it of the subcontract. Since it is undisputed on the prop
perty that a supervisor perform the work, the Organization claimed its claim
should be upheld in its entirety.
The Board noted that the ARASA was notified for a response to the matter in this docket. The Organization declined to intervene and file a submission as noted in their response dated January 12, 1988.
The Carrier argued that the IBEW members are supervised by an electronic engineer. The work was corrective testing on a new system and a new installation that was installed initially by the contractor which was the Telex
Corporation. The Carrier argued that the supervisor may assist the contractor
to work out the problems from the original installation. The Soo Line is obligated by contract with Telex, and the Carrier noted the Organization's members assisted where applicable. The Carrier further contended that its employees had no expertise in order to correct this problem and, in any event, the
work is not exclusive to the IBEW. The Carrier stated that, through its Exhibit A, it gave notice on February 13, 1986 in accordance with Article II of the
September 25, 1964 Agreement that it intended to subcontract the work in question; and since the Organization did not respond within ten days, the Carrier
had the right to subcontract the work.
The Board finds that Rule #2 cited above placed the testing of all
communication switchboards under the jurisdiction of the Organization. There
is no showing that any other organization could claim this work under their
scope rule. The Carrier raised arguments with respect to Article II - Subcontracting, which is part of the September 25, 1964 Agreement. This Agreement
provides for the right to subcontract work when skilled manpower or essential
equipment is not available on the property. It is apparent from the record
that the type of work in question, that is the troubleshooting of the new
switchboard installation, was outside of the skill level of the IBEW members
that the Carrier had available to it. The Carrier argued that in accordance with
this Agreement, they informed the General Chairman of the pending subcontract
at which time the Organization would have ten days in which to respond. This
letter was dated February 13, 1986. The Board realizes that it is difficult
for the Organization to prove they did not receive this letter. However, in
Form 1 Award No. 11614
Page 3 Docket No. 11469-T
88-2-87-2-110
the absence of such proof the Board must assume it was sent by normal means and
has value. As noted in Second Division Award 11613, the letter covers work to
be performed in the Miller-Davis Building. The claim covers that work and work
performed in the Soo Line building. The original letter of claim dated May 18,
1986 does not establish the exact time spent at each facility and the burden is
on the Organization to do so. The Board finds the letter to the Organization
dated February 13, 1986 to be valid and in accordance with the 1964 Agreement.
Therefore, the claim will be denied in its entirety.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
01
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 7th day of December 1988.