Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12104
SECOND DIVISION Docket No. 11944-T
91-2-90-2-59
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE
:
(Bessemer and Lake Erie Railroad Company
STATEMENT OF CLAIM:
1. Claim submitted to General Foreman E. W. Richardson, Bessemer and
Lake Erie Railroad, Greenville, Pa. by letter dated March 6, 1989 for eight
(8) hours' pay for Electrician R. N. Weary for work performed by another
craft. The aforementioned claim letter reads:
"Dear Sir:
At the request of R. N. Weary, Electrician, I am submitting a time claim for eight (8) hours straight time
pay, for work performed by another craft.
About February 20, 1989, the carpenters removed cleaned,
and replaced the lights in the Butler Yard Office.
This is in violation of the National Agreement, and Rule
91 in particular.
If you desire a conference in this matter, please advise
me of a time and place."
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.
Form 1 Award No. 12104
Page 2 Docket No. 11944-T
91-2-90-2-59
This is a Claim for work performed by maintenance of way employes.
The record shows that it involves the detachment or dropping of cover plates
from ceiling. lights, the cleaning thereof, including the lights so that the
ceiling could be painted. Subsequently, the plates and lights were returned
to their normal position.
Pursuant to the Railway Labor Act, as amended, notice was given to
the Brotherhood of Maintenance of Way Employes of this Claim as a possible
party of interest. That Organization has filed a statement, which is a part
of the record properly before the Board.
The Organization has the burden to show that the work at issue is
reserved to it by rule or that it has a system-wide past practice of exclusivity. It has not met either requirement. While it is apparent that the
Organization has done some of the type of work as at issue here, the record
also shows that the Maintenance of Way Employees have always done this type of
work as well as the removal of switch and socket plates in preparation for
painting.
For all the foregoing, we must deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ~ _
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1991.