Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13457
Docket No. 13265-T
99-2-97-2-33
The Second Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(International Brotherhood of Electrical Workers
( System Council No. 16)
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railroad Company
STATEMENT OF CLAIM:
"1. That in violation of the governing Agreement, Rule 27, 76
and 98 in particular, the Burlington Northern/Santa Fe
Railroad Company assigned other than Electricians to
perform work of the Electrical Craft.
2. Accordingly, the Burlington Northern/Santa Fe Railroad
Company should be directed to compensate Springfield,
Missouri Mechanical Department Electrician J. C. Hilliard
four (4) hours pay at the punitive rate of pay for the
violation."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 13457
Page 2 Docket No. 13265-T
99-2-97-2-33
On September 18, 1995, Burlington Northern locomotive 8033 was disconnected
from Train No. 82, after the locomotive consist had been removed from the train, for the
purpose
of
adding it to another train. The handling
of
the locomotive was done by
Carrier's Operating Craft employees on the main line in the Springfield, Missouri,
yards.
Third Party notice was issued to the Brotherhood of Locomotive Engineers and
to the United Transportation Union, but neither chose to respond.
The Organization alleges that the Carrier violated Rules 27, 76 and 98 of the
Agreement when Carrier allowed Operating Craft employees other than Claimant J. C.
Hilliard to cut and add the locomotive. In a letter dated January 3,1996, Organization
President and Local Chairman Eddie E. Mayer states:
"The task
of
cutting and adding locomotive to a train has always been the
exclusive work
of
the Electrician's craft. This type
of
work activity,
cutting locomotives while the train is on the main track, does not occur
continuously at Springfield. The consists are usually routed to the Service
Track where Electrical & Mechanical personnel do this work. In the past,
on the rare occasion that a locomotive does have to be cut on the main
track, a crew
of
Electrical & Mechanical personnel have been called out
of
the Diesel shop to do this work."
The Organization maintains that the work
of
cutting and adding Locomotive 8033
is an activity reserved to the Electrical Craft and should have been done by Claimant
Hilliard who was available to perform the task. The Organization seeks four (4) hours
pay at the punitive rate
of
pay for Claimant Hilliard.
The Carrier contends that work in question is not the exclusive to the
Electrician's craft. Carrier adds that the task took less than ten minutes, did not
require any special tools or skills, and thus falls under Article
V of
the Incidental Work
Rule and within the scope
of
the Presidential Emergency Board No. 219.
In numerous Second Division Awards, including Awards No.12544,12000,13133,
the Board has repeatedly held that the Electrical Craft does not have exclusive
jurisdiction to work that is incidental in nature. After careful review
of
the case at
Form 1 Award No. 13457
Page 3 Docket No. 13265-T
99-2-97-2-33
hand, the Board finds that the Organization has not supported its allegation that the
Carrier violated the Agreement. Accordingly, the instant claim is denied.
AWARD
Claim denied.
ORDER
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 28th day of September 1999.