Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13728
Docket No. 13502
03-2-99-2-104

The Second Division consisted of the regular members and in addition Referee Martin H. Malin when award was rendered.

(International Association of Machinists and ( Aerospace Workers PARTIES TO DISPUTE: (Union Pacific Railroad Company

STATEMENT OF CLAIM:





FINDINGS:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
Form 1 Award No. 13728
Page 2 Docket No. 13502


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.




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


The record developed on the property reflects the following. On January 29, 1999, the Local Chairman filed the claim with the Director Locomotive Shops. The claim asserted, "Since January 6, 1999 for three hours every day the carrier has assigned Three Electricians to load traction motors in flat cars which has been assigned work for Machinists for the past fourteen years."


On February 22, 1999, the Director Rebuild Operations responded, in relevant part:



On March 2, 1999, the Organization appealed to the General Director Labor Relations. The appeal advised, in part:


Form 1 Award No. 13728
Page 3 Docket No. 13502
03-2-99-2-104








Before the Board, the Carrier argues that the Organization failed to prove a systemwide practice of Machinists exclusively performing the work in question. However, the Carrier never raised such an argument during handling on the property. Accordingly, we may not consider it for the first time here.


The Carrier also argues that the work has changed. It previously was performed using a My-Jack crane, the operation of which was the responsibility of Machinists. The Carrier switched to using an overhead crane, which is not the exclusive work of Machinists. The IBEW similarly seizes on the change from My-Jack to overhead crane, arguing that the operation of electric overhead cranes has been exclusively performed by electricians.


However, the claim did not concern the operation of the crane. Each time the Carrier alluded to the switch from a My-Jack to an overhead crane, the Organization responded that it was not claiming the operation of the crane, but rather the actual