Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11931
SECOND DIVISION Docket No. 11642-T
90-2-88-2-136
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That in violation of the current Agreement Carrier here assigned
non-electrical forces to perform work which by contract language and historical past practice has been performed by Electrician Helpers at West
Burlington, Iowa.
2. That accordingly, Carrier be ordered to compensate furloughed
Electrician Helper W. A. Vogelgesang of Burlington, Iowa for all wages lost
beginning on date of May 18, 1987 and compensation and/or restoration of all '
vacation, health and welfare benefits and all other benefits due the Claimant
which were lost or adversely affected by his continued furlough and to continue in accordance with Rule 34(d) until adjusted.
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.
The Organization contends that Carrier violated the Controlling Agreement, particularly Rules 46, 76, and 78, when a Machinist Helper was assigned
to operate the Sinclair Washer at the West Burlington, Iowa Locomotive Repair
Facility. Specifically, the Organization maintains that prior to the date of
said assignment on May 18, 1987 and which continued thereafter the disputed
work was performed by Electrician Helpers consistent with the clear reservation of work language of the above cited rules. It notes that at a prior conference held on March 14, 1987, wherein discussions centered on proposed work
assignments at the soon to be upgraded traction motor department, Carrier apprised the Electrician's Local Chairman that an Electrician Helper would be designated to perform the washing of the traction motors. It points out that
Form 1 Award No. 11931
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90-2-88-2-136
when the installation of the Sinclair machine was completed, Carrier reversed
its decision and assigned a Machinist's Helper to operate the Sinclair washer.
It observes that prior to the installation of the Sinclair washer, workers of
the electrical craft washed all traction motors, either in the Proceco washing
machines or at the cleaning booth. It submitted copies of position bulletins
to show that operating traction motor Procecos was a principal duty of Electrical Helpers.
Carrier maintains that the specific tasks of cleaning parts and machinery have always been the responsibility of various crafts as assigned by
Carrier when such work is not contained in the specific Classification of Work
Rule of any particular craft. It disputes the Organizations' contention that
cleaning of traction motors was exclusively performed by the electrical craft
asserting instead that prior
1.o
the installation of the Sinclair washer, the
majority of the traction motors were pre-washed in the strip building by members of the Cayman's craft. 'It contends that the Organ'zation has not shown
how any of the rules reserves such work to the electrical craft. It cited
Second Division Award No. 11441 as dispositive on this point.
The International Association of Machinists and Aerospace Workers, as
an interested third party and consistent with the rules of the National Railroad Adjustment Board filed a reply wherein it asserted that the work involved
herein was properly assigned to the Machinists. It asserted that the Electricians lacked exclusive jurisdiction to perform said work. It further noted
that the Electricians failed to resolve this jurisdictional dispute in accordance with the controlling provisions of the Schedule Agreement, effective
April 1, 1970. Rule 93 Jurisdiction reads:
"Any controversies as to craft jurisdictions arising
between two or more of the Organization's parties to this
Agreement shall first be settled by the contesting organizations and existing practices shall be continued without
penalty until and when the Carrier has been properly notified and has had reasonable opportunity to reach an understanding with the Organizations involved."
In considering this ease, the Board cannot disregard our determination in Second Division Award No. 6962 involving directly the same Carrier and
the Carmen's Organization. In that dispute, the Machinist's Organization had
filed a Third Party Submission wherein it posed similar work jurisdictional
arguments and reference to Ru7:e 93 (Jurisdiction). Since we ruled that a bona
fide interested Third Party was not barred from raising a new line of argument, specifically, the assertion that the original petitioning craft failed
to resolve the work jurisdictional dispute in accordance with requirements of
Rule 93, we find no reason upon this record to preclude Second Division Award
No. 6962's application herein. In reading the partisan contentions of all
three parties' we do not find any of the positions and supportive rationales
as without intellectual substance and clearly we do not take any position on
any of these claims or counterclaims. As per Rule 93, it is up to the parties
to first attempt to settle they dispute between themselves. Second Division
Award No. 6962 is-controlling herein.
Form 1 Award No. 11931
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90-2-88-2-136
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
00,
Attest:
'Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 31st day of October 1990.