Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11696
SECOND DIVISION Docket No. 11501
89-2-87-2-171
The Second Division consisted of the regular members and in
addition Referee Thomas F. Carey when the award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
1. That the St. Louis Southwestern Railway Company violated Rule 67
of the October 1, 1977 controlling agreement on March 27, 1986 when they
assigned Electrician Helper M. W. Hunt to assist other than electrical workers
and apprentices as provided for in said Rule.
2. That, accordingly, the St. Louis Southwestern Railway Company be
ordered to properly assign the duties of Electrician Helper M. W. Hunt in
accordance with Rule 67 of the controlling agreement, i.e., assisting electrical workers and apprentices and perform only work generally recognized as
electrician helpers' work.
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.
On March 27, 1986, the Claimant was assigned by the Carrier to assist
a Scale Inspector on the weight scales at the Hump on the Carrier's property
in Pine Bluff, Arkansas. As a result of this work, the Organization filed a
claim on April 22, 1986, alleging that the Claimant was assigned work that was
not under the classification of an Electrician Helper's duties. The claim was
denied by the Carrier, who advised the Organization:
Form 1
Page 2
Award No. 11696
Docket No. 11501
89-2-87-2-171
"M. W. Hunt helped Scale Inspector C. E. Helmle
move a parts cabinet that Mr. Helmle had in his
storage closet which was too heavy to move by
himself. Your claim is respectfully denied as
no electrical work was performed by either
employee."
On appeal, the Carrier stated:
"It is the position of the Carrier that the only
duties performed outside of the scope rule by
Mr. Hunt were those that are incidental to his
position of Electrician Helper."
The organization maintains that the Carrier is contractually obligated to assign the workers in accordance to the rules of the controlling
agreement. It references Rule 67, which reads in pertinent part:
"ELECTRICAL WORKER HELPERS
Employees regularly assigned as helpers to
assist electrical workers and apprentices, and
perform electrical helpers' work generally
recognized as such on this Carrier."
It claims that the Carrier arbitrarily gave Claimant an assignment outside
this Rule of the Agreement, thereby violating it.
The Carrier responds that there are no agreement provisions that
require it to assign an Electrician Helper to work with a specific Electrician
on a daily basis. Further, it points out that "moving of a parts cabinet" is
not inclusive in the classification of work rules for any shop craft and,
therefore, is not work reserved exclusively for any one craft. It considers
such work incidental to the position under question--that of Electrician
Helper--and, therefore, maintains that the assignment of such incidental duty
was not contrary to any provisions of the agreement and did not change the
nature or type of position to which Claimant was assigned.
The Carrier also calls the Board's attention to what it claims is
the Organization's attempt to amend its original claim in its letter dated
February 19, 1987, which stated in pertinent part:
"Once again, we are requesting that Mr. Hunt's
job be abolished and that this job be rebulletined as Electricians position and successful
bidder by the Electricians will be awarded this
position in line with the current agreement."
Form 1 Award No. 11696
Page 3 Docket No. 11501
89-2-87-2-171
The Carrier points out that the original claim presented on the property on
April 22, 1986, did not request that the Carrier abolish Claimant's position
of Electrician Helper, rebulletin it as an Electrician, and thus award it to
an Electrician. It only requested that the Carrier correct the inequities
involving Claimant performing other than Electrician Helper's duties.
First, the Board wishes to note that any arguments raised in this
case must have been presented in the handling of the claim on the property.
It is impermissible to submit new arguments or evidence at this time. This
Rule is stated in Circular 1, which reads in pertinent part:
"No petition shall be considered by any division
of the Board unless the subject matter has been
handled in accordance with the provisions of the
Railway Labor Act, approved June 21, 1934."
The claim in the instant case, therefore, must be restricted to oirly those
issues that were originally raised on the property. _
As to the substantive issues, based on the evidence presented before
this Board, we find nothing in the record to indicate that the Carrier required the Claimant to perform any work that it did not have the right to
assign to him. Accordingly, the claim is denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. eAKS - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of March 1989.