Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11838
SECOND DIVISION Docket No. 11570-T
90-2-88-2-86
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM:
1. That the Duluth Missabe & Iron Range Railway Company violated
Rule 27 of the current Shopcraft Agreement dated October 1, 1979 when they
exceeded time limits in their denial of the appeal.
2. That the Duluth Missabe & Iron Range Railway Company further
violated Rule 74 and 29A of the current Shopcraft Agreement of October 1,
1979, when Supervisor Tom McDonald and Hostler Helper Alphonse Reff jump
started a diesel locomotive.
3. Accordingly, the Duluth Missabe & Iron Range Railway Company be
ordered to pay Electrician Wendell Goad four (4) hours at the straight time
rate of pay.
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.
As Third Party in Interest, the International Brotherhood of Firemen
and Oilers was advised of the pendency of this dispute, but chose not to intervene.
On March 25, 1987, at approximately 5:30 A.M. it was necessary to
jump start a locomotive at Carrier's Proctor, Minnesota, Diesel Shop. There
were no Electricians on duty at the time. A Supervisor instructed a Laborer,
assigned under the Firemen and Oilers Agreement, to connect spring clamp
jumper cables between two locomotives. Upon learning of this, a Claim for
four hours pay at straight time rates was filed on behalf of Claimant by
the Organization.
Form 1 Award
No. 11838
Page
2
Docket
No. 11570-T
90-2-88-2-86
The Claim was appealed to Carrier's Director of Labor Relations on
June
25, 1987.
It was denied by him on August
26, 1987.
The Organization
claims that this denial is outside the time limits provided in its Agreement;
thus, the Claim is payable on default. It also appeals on the merits.
The evidence before us is conclusive that while the appeal was dated
June
25, 1987,
it was not received by Carrier's Director of Labor Relations
until June
29, 1987.
This is the date, by well defined authority, that the
Claim was considered filed. Carrier had sixty days from that date within
which to answer. Its answer was dated August
26, 1987,
which is
within sixty
days. See Second Division Awards
11257, 10637, 10145, 8833, 8678
and
8268,
as
well as Third Division Awards
24232
and
10490,
all of which hold that the time
limit to respond to a claim begins on the date that it was received, not the
date mailed by the Organization.
On the merits of the matter our attention has been directed to a
number of Awards which conclude that Electricians do not have an exclusive
entitlement to jump start equipment.
In First Division Award
23419
it was stated:
"'Jumping' dead engines is the work of no
particular craft or class of employes."
In Second Division Award
8969
Electricians claimed that their Agree-
ment was violated when a Car Foreman directed a Laborer to jump start a fork-,
lift. In denying the Claim the Board held that
"...
this particular work does
not belong to electrical workers
....'
In Second Division Award
5738
a Claim was presented on behalf of two
Electricians because employees not covered by their Agreement jump started a
locomotive. In denying the Claim the Board concluded that the
"...
Organization failed to prove that such work was exclusively reserved to electricians."
Second Division Award
5177 is
another situation where non-Electricians were used to jump start a locomotive. The Board stated it could not
' .. find that such work with jumper cables belongs exclusively to electricians."
We have not been furnished any Awards reaching different results.
Accordingly, the Claim must be denied.
A W A R D
Claim denied.
Form 1 Award No. 11838
Page 3 _ Docket No. 11570-T
90-2-88-2-86
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J er1- Executive Secretary
Dated at Chicago, Illinois, this 14th day of March 1990.