Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12223
SECOND DIVISION Docket No. 11819-T
92-2-89-2-120
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 and historic practice,
the Burlington Northern Railroad arbitrarily assigned two (2) Machinist Craft
employees to install a new Electrical Cable Feedrail System for the Proceco
Engine Block Washer at its West Burlington, Iowa Repair Facility. The installation of Electrical Cable Feedrail Systems for such shop machinery is
Electrical Craft work and has heretofore been exclusively performed by the
Electricians at the West Burlington Shop.
2. That accordingly, the Burlington Northern Railroad be instructed
to compensate Electrician Welder J. W. Howell and Maintenance Electrician R.
P. Taeger of West Burlington four (4) hours each at the overtime rate for this
violation. The Agreement of April 1, 1983 is controlling.
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 Association of
Machinists and Aerospace Workers was advised of the pendency of this dispute
and filed a response with the Division.
The Organization filed a claim letter dated March 22, 1988 wherein it
charged that Carrier violated the Controlling Agreement, particularly Rules
76, 27(a), and 98(c) when Carrier assigned two employees of the Machinist
craft to install a new electrical cable feedrail for the Proceco Engine Block
Washer at the West Burlington Repair Shop. Specifically, the Organization
Form 1
Page 2
Award No. 12223
Docket No. 11819-T
92-2-89-2-120
contends that the installation, maintenance and repair of the feedrail system
had always been performed by Electrical craft employees at this repair facility and notes that the feedrail system is an appendage part of the cable
electrification system. It submitted documentation depicting the technical
characteristic of the feedrail system and letters from Agreement covered
electrical employees attesting that said work was historically performed by
members of the electrical craft. It also contests Carrier's position that the
dispute should have been first considered by the two crafts in accordance with
Rule 93, Jurisdiction, arguing instead that the matter was discussed with the
General Chairman of the Machinist craft without denial by the Machinist craft
of the Electrical craft's position.
In response, Carrier contends that the Classification of Work Rule
for the Machinist craft specifically references the assembling and building of
shop cranes, which is not contained in the electrical craft's Classification
of Work Rule. It observes that local Carrier officials recognized that Electricians would have a proper right to the electrical portion of the crane
installation only and, accordingly, the installation of the electrical power
and control cables was properly assigned to the Electrical craft. More pointedly, it maintains that at no time did the Organization attempt to settle this
matter with the Machinist craft in accordance with Rule 93 and as such, the
Board lacks jurisdiction to consider the merits of this dispute. By letter
dated September 18, 1989 the Machinist Organization apprised Carrier's Manager
of Labor Relations that it did not concur with the position expressed in.the
Electrical craft's April 6, 1989 letter. Instead the Machinist's craft as-
serted that IBEW failed to comply with the provisions of Rule 93 pertaining
craft jurisdictional disputes. Rule 93 Jurisdiction reads as follows:
"Any controversies as to craft jurisdiction arising
between the Electricians' Organization and one or
more other organizations parties signatory to the
System Federation No. 7 Agreement effective April 1,
1970 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 case, the Board concurs with Carrier's position
that this dispute falls under the aegis of Rule 93, Jurisdiction. We have
reviewed carefully the Organization's assertion that Rule 98(c) protects work
previously performed by the petitioning craft and, its correlative observation
that the Machinist craft didn't deny its on-situs claim, but we do not find
these positions persuasive. The Machinist Craft disputes the Organization's
contention that it agreed said work belonged to the Electrical craft and
Carrier's technical depiction of this work as falling within the context of
the Machinist Classification of Work Rule provides sufficient justification to
conclude a legitimate craft stand-off. We find no evidence that crafts
attempted to first settle this dispute between themselves. Accordingly, we
take no position on the merits of this dispute, and the claim is dismissed.
Form 1 Award No. 12223
Page 3 Docket No. 11819-T
92-2-89-2-120
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 8th day of January 1992.