Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12395
SECOND DIVISION Docket No. 12385
92-2-91-2-178
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
1. That the Chicago & North Western Transportation Company violated
the December 1, 1985 Agreement, as amended, in particular Rule Nos. 16, 19, 73
and 74, when they issued Bulletin No. 786, on February 26, 1990.
2. That the Chicago & North Western Transportation Company withdraw
the unlawful and improper Bulletin No. 786, dated February 22, 1990.
3. That the Chicago & North Western Transportation Company be
ordered to cease an (sic) desist from the inclusion on said bulletins for the
position of Traveling Mechanic Electrician; and/or Traveling Mechanic LeaderSystem unlawful and improper qualifications as:
"Successful bidder ***, must possess and maintain an 'A' Master Electrician
License in Minnesota, South Dakota and Wisconsin."
4. That the Chicago & North Western Transportation Company make
employes of the Electrician Craft whole who are damaged by virtue of such
aforesaid Bulletins.
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
Page 2
This dispute arises because th a bulletin soliciting bids on a new job
Electrician Leader-System. In addition
vious bulletins the bidder, in order to
Electrician License in Minnesota, South
Award No. 12395
Docket No. 12385
92-2-91-2-178
e
Carrier on February 22, 1990, issued
to be known as Traveling Mechanic
to the normal requirements for prequalify, had to possess an "A" Master
Dakota, and Wisconsin.
The Organization views such action as a change in past practice and a
violation of the contract rules covering seniority, bulletining of positions,
and descriptions of job qualifications in the electrical engineering department.
The graveman of the dispute resides in the addition of the requirement of an "A" Master Electrician License in order to qualify for the position. The Organization does not deny that an "A" license is necessary to
approve certain work but insists that such a license in the past had been held
by a management employee whose qualifications served as an umbrella over the
Electricians in so far as legal requirements were concerned. Therefore, the
Traveling Mechanic Electrician had not been required to possess the "A" license. While no such requirement had been in previous bulletins, the record
reveals that the last Carrier Officer to possess such a license left- the
Carrier in 1976. Since that time the Carrier had used licensed contractors to
oversee the work. In 1990 the State of Minnesota inspectors began to require
closer supervision by the "A" licensed electricians than a contractor would
provide: Accordingly, the Carrier simply made a decision to establish a
position that would require an "A" license in order to provide the required
supervision. The Organization takes the position that while the State of
Minnesota requires that an employee of the Carrier possess a Class "A" Master
Electrician License, the practice in the past had been that a managerial person possess such a permit. Such a claim is not completely accurate as outlined heretofore. In view of the increased supervision required by the State,
such a practice would require that the management person be present during
much of the work. Such a practice would certainly not be as efficient as
having the Traveling Electrician qualified to do the work.
The record in this case is voluminous and there is much discussion
regarding the requirements of the law in the State of Minnesota. It is not
the function of this Board to interpret the statutes of the state and it would
be improper to do so. It is sufficient to note that the parties agree that an
"A" license is required. It is also clear that nothing in the statute or the
Collective Bargaining Agreement requires that the holder of the license be a
Carrier Officer or an employee. As long as the individual is qualified and
possesses the "A" license it can be any designated person.
In the present dispute, the Carrier simply made the decision to
create the position of Traveling Mechanic Electrician-Leader in order to
fulfill the requirements of the statute in an efficient manner. There is
nothing in the Rules quoted by the Organization which negates their right to
do so. The Carrier certainly did not act in an arbitrary, discriminatory, or
capricious fashion in so doing. It should be noted that the affected employees can obtain an "A" license to qualify and could be reimbursed for their
expenses by the Carrier under its tuition reimbursement system.
Form 1 Award No. 12395
Page 3 Docket No. 12385
92-2-91-2-178
Management has long retained the right to establish qualifications
for a particular job and that right has been upheld by a long series of Awards
by this Board. In view of the foregoing and the entire record we determine
that the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
r
Attest:
ncy J.~ ev -Executive Secretary
Dated at Chicago, Illinois, this 22nd day of July 1992.