Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11924
SECOND DIVISION Docket No. 11549-T
90-2-88-2-57
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:
(Consolidated Rail Corporation (Conrail)
STATEMENT OF CLAIM:
1. Claim filed on behalf of Altoona, Pa. Electrician J. A. Minielli
on July 24, 1986 as Grievance No. J-78-86, covered in Consolidated Rail
Corporation File No. L-6-220(E), System Docket No. CR-3728; attached hereto as
Organization Exhibit "A-1 through A-9."
2. Claim filed on behalf of Altoona, Pa. Electrician M. J. Campanaro
on July 25, 1986 as Grievance No. J-81-86, covered in Consolidated Rail Corporation File No. L-6-223(E), System Docket No. CR-3729; attached hereto as
Organization Exhibit "B-1 through B-9."
3. Grievance No. J-83-86 filed at Altoona, Pa. on July 25, 1986,
covered in Consolidated Rail Corporation File No. L-6-225(E), System Docket
No. CR-3731; attached hereto as Organization Exhibit "C-1 through C-9."
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 Parties in Interest, the Brotherhood Railway Carmen/ A Division of TCU, Transportation Communications Union, International Brotherhood of
Firemen & Oilers, and Transport Workers International Union were advised of
the pendency of this dispute. The Brotherhood Railway Carmen/ A Division of
TCU filed a Submission with the Division. The Transportation Communications
Union, International Brotherhood of Firemen & Oilers, and Transport Workers
International Union did not file a Submission with the Division.
The instant dispute involves three separate Claims, arising in June
1986, at Carrier's Locomotive Shops at Altoona, Pennsylvania.
Form 1 Award No. 11924
Page 2 Docket No. 11549-T
90-2-88-2-57
Claim No. 1 contends that the Agreement was violated when Carrier
abolished an Electrician's assignment which performed the duties of segregating, classifying and distributing material for the Electrical Shop and had
work of the abolished position thereafter performed by other Electricians and.
members of other Crafts. The Organization contends that the work previously
assigned to the abolished position accrued exclusively to Electricians in the
Altoona Shop and in particular to the Electrician's position which was abolished.
Neither contention is supported by the Agreement. While it is correct that the abolished position was established on March 21, 1978, with bulletined duties described as:
"Segregate, classify, distribute all incoming and outgoing material associated with Electric Shop. Must
be familiar with all component parts worked in Electric
Shop."
This does not mean that the position could never be abolished if it
was no longer required by changing circumstances and any remaining duties
distributed to others in a manner not prohibited by the Agreement. Search of
the record fails to develop any support for the Organization's contention that
its Agreement was violated when other Electricians were required to segregate,
classify, andlo; distribute material following the June 16, 1986 abolishment.
On the matter of employees of other Crafts being required to segregate, classify and/or distribute material following the June 16, 1986 abolishment, Carrier has established that such work has never been exclusively-performed by Electricians at this facility. Other Shop Craft employees, Machinists, Carmen, Boilermakers, Sheetmetal Workers and Firemen and Oilers, as well
as Storehouse employees in the Clerical Craft, have performed these tasks regularly in the past.
Claim No. 1 is without merit and will be denied.
Claim
No.
2 contends that the Agreement was violated when an Electrician was required to utilize a transtacker to move certain material needed in
the performance of work he was doing. Operation of a transtacker, it is argued, was not comprehended in the Electrician's assignment.
In the circumstances of Claim
No.
2, we are unable to find that an
Electrician's use of a transtacker to move material, needed in the completion
of his assignment, to the site of his assignment, constitutes working outside
the scope of his assignment. What is involved is a situation where an employee was obtaining material for the performance of his duties. The material
was heavy or difficult to handle and he used available mechanized equipment to
place it at the work site. We do not view this as the performance of duties
"not comprehended in this regular assignment."
Form 1
Page 3
Award No. 11924
Docket No. 11549-T
90-2-88-2-57
Claim No. 2 is without merit and will be denied.
Claim No. 3 contends that the Electrician's Agreement was violated
when a Cayman Painter utilized a transtacker to move items connected with his,
painting tasks.
We are unable, under the Electrician's Agreement, to find support for
Claim No. 3. What is involved is a situation where a Painter moved a number
of items. These included not only Electrical components that he was painting;,
but material from the Machine Shop and Welding Shop he was working on. It has
not been established that Electrician's have exclusive control over the operation of a transtacker in the circumstances present in this Claim.
Claim No. 3 is without merit and will be denied.
A W A R D
Claims 1, 2 and 3 are denied.
Attest:
Nancy J. D,~G~ Executive Secretary
Dated at Chicago, Illinois, this 8th day of August 1990.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division