As Third Party in Interest, the International Brotherhood of Boilermakers and Blacksmiths was advised of the pendency of this dispute, but it chose not to file a Submission with the Board.
At issue in this case is a matter previously considered by the Board in numerous other cases involving these Parties and other Parties with similar provisions in their Agreements. At issue is the alleged assignment of work to employees not covered by the Carmen's Agreement. The principles for deciding such cases have been well enunciated in prior cases on this and other Boards. For example, see Second Division Award 13244 (involving the same Parties) and Public Law Board No. 4579, Award 8 (involving different Parties with similar Agreement provisions).
In sum, the standards the Board will use are those set forth by Presidential Emergency Board 219 as clarified by the Public Law 102-29 Special Board empowered to craft the definition of Incidental Work Rules.
The portion of the Special Board's decision which is of particular importance to the instant case reads as follows:
A review of the record in the present case indicates that the Carrier assigned a Boilermaker to assist a Carman in removing and replacing the draft gear and coupler on Locomotive 2635. The Organization asserted, and the Carrier did not refute that the total time required to accomplish the task was six hours and 45 minutes. Further, it was asserted by the Organization and confirmed by a written statement from the Boilermaker in question that he used an electric arc welder in the process of assisting the Carman.
Evidence on the record indicates persuasively that operation of an electric arc welder cannot be compared to using simple tools such as "wrenches, screwdrivers, simple drills, pliers, hammers, saws, pry bars, etc." (Public Law Board No. 5479, Award 2). Evidence on the record indicates that Carmen are required to attend school to learn the skills associated with safe and effective operation of such equipment. Further, as Public Law Board No. 5479 also found, while other crafts may also perform welding, it is not a "simple task" as contemplated by the revised Incidental Work Rule, and the Carrier is not at liberty to assign the welding work of Carmen to a different craft. (Id., Award No. 7). Accordingly, in the case herein, we are compelled to find that the Carrier was not at liberty to employ a Boilermaker to assist the Carman performing the work at issue.
With respect to remedy, the Carrier asserted that the Organization's claim is excessive. It maintains that because the Claimant performed no work, he is entitled to pay for the time in question only at the straight time rate. As the Board noted in Second Division Award 13244:
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.