As Third Party in Interest, the International Brotherhood of Electrical Workers was advised of the pendency of this dispute, but it chose not to file a Submission with the Board.
On August 25, 1992, Carman Z. Whitlock was required to remove a seat from Engine 8635 on 6 pit at the Carrier's Locomotive Shop in Cumberland, Maryland. An Electrician was instructed to assist Carman Whitlock in removing the seat in the locomotive. The Organization maintains that Rule 138, the Carmen's Classification of Work Rule, was violated when an Electrician assisted Carman Whitlock in removing the seat rather than another Carman.
The Organization contends that a Carman should have been used to help remove the locomotive seat because this is work reserved to the Carmen's craft by Rule 138. It therefore submitted a two hour and 40 minute overtime claim on behalf of the Claimant whom the Organization maintains should have been called to assist Carman Whitlock in removing the seat from the locomotive.
The record demonstrates that an Electrician helped Carman Whitlock lift two cab seats on April 25, 1992. He lifted them off the trunnion and then placed them back on. Classification of Work Rule 138 does not expressly reserve this unskilled work to Carmen. Additionally, Carmen have not exclusively performed such work on this property by custom or practice. In any event, it only took the Electrician 15 minutes to lift the two cab seats off the trunnion and place them back on. Consequently, even if this work was exclusively reserved to the Carmen craft, a Carman would not have been given an overtime call to perform such because it was so de minimis. The claim for an overtime call must therefore be denied.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.