Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13113
Docket No. 12926-T
97-2-94-2-67

The Second Division consisted of the regular members and in addition Referee John C. Fletcher when award was rendered.

(International Brotherhood of Electrical Workers PARTIES TO DISPUTE:


STATEMENT OF CLAIM:



FINDINGS:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.


Form 1 Award No. 13113
Page 2 Docket No. 12926-T
97-2-94-2-67

As Third Party in Interest, the Sheet Metal Workers' International Association was advised of the pendency of this dispute and chose to file a Submission with the Board.


On January 22, 1993, a Machinist, working in conjunction with a Pipefitter, operated the 5-25 crane, one of seven overhead cranes located in the Glendive Diesel Facility, when engaged in the task of removing and replacing after coolers on Locomotive No. 8147. The change out task was accomplished in two hours, with the crane being utilized for approximately 15 minutes during this period. The Electrician's Organization contends that operation of the 5-25 crane is work exclusively reserved to Electricians under its agreement.


Carrier contends that Electricians are unable to establish that its Organization has an exclusive system wide right to the work of operating cranes and that under the terms of the 1991 and 1992 National Shop Crafts Agreements the work of operating the 5-25 crane was incidental to the task of changing the defective after coolers, and as such was assignable to the Shop Craft employees performing the work.


The Carrier is right on both contentions. This Board, in cases involving this Carrier and this Organization has repeatedly held that the Electrician's Organization on the Burlington Northern does not have an exclusive entitlement to operate overhead cranes. See Second Division Awards 7482, 7856, 11469, 12000, 12001, and 12280.


Furthermore, under the expanded "Incidental Work Rule" resulting from the Report of PEB 219, and embodied in the 1991 and 1992 Shop Crafts Agreements, Carrier was granted additional flexibility in the assignment of work of the type involved here. The use of the 5-25 crane was incidental to the task of replacing the after coolers. As such it could properly be operated by the Machinist.







Form 1 Award No. 131,3
Page 3 Docket No. 12926-T
97-2-94-2-67



This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.


                        NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division


                        Dated at Chicago, Illinois, this 6th day of May 1997.