Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12370
SECOND DIVISION Docket No. 12336-T
92-2-91-2-123
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:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
1. Date - December 18, 1987, Grievance No. J-148-87, Claimant Ron
Johnston, Man #538276, General Foreman 0. G. Leap; Location - Harrisburg Car
Shop.
This union charges management with the violation of the Controlling
Agreement specifically Classification of Work Scope, Past Practice, when on
October 20, 21, 22, 23, 26, 27, 28, 29, 30 and November 2, 3, 4, 5, 6, 9, 10,
11, 12, 13, 1987 the Carrier assigned work that only the IBEW has equity in to
others than Electricians. The Carrier used BRAC employees to operate the
Storehouse crane when the Carrier arbitraily abolished the Electrician Crane
Operator position and then assigned that work to others than Electricians on
the above stated dates. (See Exhibit "A", page 2 as to times and personnel.)
The Carrier installed radio controls on the Storehouse crane and then gave
work that was always performed by the crane operator to the personnel named
in Exhibit "A", page 2. The Claimant, who works the second shift at the
Hollidaysburg Car Shops, should have been called in to perform the operation
of the Storehouse Crane.
Therefore this Union is asking for eight (8) hours pay for each of
the above stated dates for a total of 152 hours pay at the Claimants pro-rata
rate of pay for the above stated violation.
This claim is subject to Rule 4-P-1.
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. 12370
Page 2 Docket No. 12336-T
92-2-91-2-123
As Third Party in Interest, the Transportation Communications International Union was advised of the pendency of this dispute, but did not file a
Submission with the Division.
The Organization charges that when Carrier installed radio controls
on the overhead crane located in the Storehouse area of the Hollidaysburg Car
Shop and assigned the operation of said crane to clerks represented by the
Transportation Communications Union, said assignment spanning nineteen identifiable days during October-November, 1987, violated the Electrical Workers
(IBEW) Classification of Work Rule and past practice. The Organization
asserts that notwithstanding the modification of the crane so that it could
become radio-operated, the modified crane in all other respects, function and
purpose remained the same; that is, an overhead travelling electric crane, but
with its cab controls operated by radio. Specifically, it observes that
Section A of the Classification of Work Rule clearly reserves the operation of
cab equipped travelling cranes to Electricians and references Second Division
Award 8979 as controlling authority. In that Award where a cab operated
overhead crane was changed to pendant controlled, the Board found that since
the Organization was able to establish that electricians operated both pendant
controlled cranes and cab operated cranes at the facility in question, the
electricians were entitled to operate it.
Carrier points out that since the cab-operated overhead crane was
converted to a radio-controlled, floor-operated unit in October, 1987, the
crane was used by TCU represented employees incident to their duties of
loading and unloading of storehouse materials. It maintains that as a result
of the conversion, Section
B
of the Electrical Workers' Classification of Work
became applicable and, thus, it was permissible for employees other than
Electrician Helpers to operate floor-operated cranes incident to the performance of their duties. Since the Storehouse employees (clerks) represented by
the TCU were loading and unloading storehouse materials, the use of the flooroperated crane was excepted under Section B, Helpers Work Classification.
"Operating
JIB,
monorail, bracket and floor operated
cranes; also cranes and hoists not otherwise specified, except when used by employees of other crafts
or classes incident to the performance of their
duties."
In this dispute there are four basic questions that must be addressed.
1. Was the crane fully converted from a cab-operated to a flooroperated basis?
2. If so, did the modification change the nature of the equipment so
as to activate the application of Section
B?
3. Was the work performed by the TCU employees incident to their
duties?
4. What is the precedential effect of Second Division Award 8979?
Form 1 Award No. 12370
Page 3 Docket No. 12336-T
92-2-91-2-123
In considering these questions, the Board finds that the crane was
fully converted from a cab-operated to a floor-operated basis. There are no
Agreement provisions that would bar Carrier from making this conversion and no
indications the modified crane wasn't fully floor-operated. Accordingly, if
the crane was fully floor-operated, by definition and extension it would come
under Section B of the Work Classification Rule. Section B specifically mentions floor-operated cranes in connection with Electrician Helpers. As to the
third question, the floor-operated crane was used by TCU represented employees
incident to the performance of their duties, that is, loading and unloading
storehouse materials. Since the word incident in this context relates to
instrumental usage, then using the floor-operated crane to load and unload
storehouse materials is an exception under Section B. There has been no
citing of authority showing otherwise. In Second Division Award 8979, the
Board found that since the Electricians craft operated both pendant controlled
cranes and cab operated cranes at the Beech Grove Indiana Maintenance Facility, Carrier violated the Scope Rule, when it changed the controls on an overhead crane from cab-operated to pendant control and assigned the operation of
the crane to non-electrical workers. In the instant dispute, there are no
indications that electricians operated floor-operated cranes under Section A
at the Hollidaysburg Car Shop and no compelling proof that the modification
didn't then activate the application of Section B.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
cy J. )OF~
- Executive Secretary
Dated at Chicago, Illinois, this lst day of
July
1992.