Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11968
SECOND DIVISION Docket No. 11641-T
90-2-88-2-117
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, the Burlington
Northern Railroad Company improperly assigned work which by contract language
and historical past practice belongs to Shop Electricians on date of June 14,
1987.
2. That accordingly, the Burlington Northern Railroad Company be
ordered to compensate Shop Electrician T. E. Thorpe of Memphis, Tennessee
eight (8) hours' pay at the punitive rate for the violation.
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.
This dispute centers on an asserted violation of the Organization's
Classification of Work Rule (Rule 76), namely that Carrier improperly assigned
two (2) Machinists to connect and disconnect train line wires between various
diesel locomotives at the diesel shop at Memphis, Tennessee on Sunday, June
14, 1987. It was the Organization's position that said work was clearly
covered by Rule 76 and further established by several on-situs crafts, including the Machinists organization, who acknowledged via written affirmations
that the work of connecting or disconnecting of jumper cables between locomotives was historically and exclusively performed by Electricians at Memphis,
Tennessee. It referenced Award No. 6 of Public Law Board No. 3502 between the
IBEW and the Seaboard System Railroad as on point and controlling.
Form 1 Award No. 11968
Page 2 Docket No. 11641-T
90-2-88-2-117
In rebuttal, Carrier maintained that said work was unskilled and
unassigned labor and not within the umbrella coverage of Electricians exclusivity as defined by Second Division Awards 2223, 2413 and 7461. It also
observed that since March, 1986 no Electrician was employed at Memphis on
Sundays during the 7:00 A.M to 3:00 P.M. shift and advised that any work dispute should be handled under the provisions of Rule 27(e). As the Claim
progressed on the property there was no further substantive explanation as to
what precise sum total work was performed by the Machinists or the duration of
such work. It wasn't until the Claim was appealed to the Division that we get
a fuller picture of what occurred. In effect, the Machinists were directed to
set out three (3) locomotives from a five-unit locomotive consist and to conduct a power check, referred to as a control load test, of the assembled twounit consist. In its Statement of Facts, the Organization characterized such
work as the initial electrical preparation and hookup, which included the connecting and disconnecting of cables necessary for the load testing of the locomotives so as to inspect and determine if electrical adjustments or repairs
were needed before the locomotive consist was placed on the line of road.
In reviewing this case, the Board takes judicial notice that the
Machinist Organization filed a Third Party Submission wherein it did not disclaim the work in dispute or support either of the parties positions. It
merely iterated its normative rights under its Collective Bargaining Agreement. We have considered the parties substantive positions, but must note
that Carrier's Submission contained arguments and information that was not
exchanged on the property. We do not agree that the matter should have been
handled as a craft jurisdictional dispute under Rule 27(e), since the competing organizations did not contest the Electricians claim to such work at
the Memphis situs. In fact, several organizations conceded this particular
work to the Electrician's craft and did so while the Claim progressed on the
property. To be sure, we recognize that connecting and disconnecting jumper
cables between locomotives could under certain circumstances be considered as
incidental work and be performed by other crafts, but the specific work herein, involving a controlled load test of the two-unit locomotive consist was
historically performed by Electricians at the Memphis situs. As such, and
since there were no dispositive indications that since March, 1986 crafts
other than the Electricians performed this work on Sundays during the 7:00
A.M. to 3:00 P.M. shift with the Electricians acquiescence, we will sustain
with modification the Organization's petition. Since the Organization has not
shown how long the work actually took, at least to our satisfaction, we will
award Claimant two (2) hours compensation at the straight time rate.
A W A R D
Claim sustained in accordance with the Findings.
Form 1
Page 3
Award No. 11968
Docket No. 11641-T
90-2-88-2-117
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy . fiver - Executive Secretary
Dated at Chicago, Illinois, this 19th day of December 1990.