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:
"Dispute - Claim of Employee:
(1) That the Union Pacific Railroad (hereinafter referred to as Carrier
or Company) violated Rules 26 and 52 contained in the Agreement
dated June 1, 1960, between the International Association of
Machinists and the Missouri Pacific Railroad Company as well as
custom and past practice when on January 6, 1999, it departed
from a fourteen (14) year practice at its North Little Rock,
Arkansas (Jenks) Locomotive Overhaul Facility of assigning
Machinists exclusively to load and unload traction motors to and
from flat rail cars located outside the Jenks Shop.
(2) That the Carrier be ordered to reassign the disputed work back to
the Machinists Craft and compensate Machinists J. K. Bennett, A.
R. Pearson and S. Jones (hereinafter referred to as claimants) three
(3) hours each daily at the journeyman machinists rate of pay
retroactive from January 6, 1999, and continue such compensation
until the duties of loading and unloading traction motors are
returned to members of the Machinists Craft."
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
03-2-99-2-104
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.
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:
"As you well know, we recently stopped loading traction motors using the
My-Jack. We have installed an overhead crane to replace the out of date
My-Jack. While the operating of the My-Jack was the responsibility of
the machinist craft, the operation of overhead cranes is not the exclusive
rights of your craft. The operation of these cranes have been done by
every craft in the shop for many, many years."
On March 2, 1999, the Organization appealed to the General Director Labor
Relations. The appeal advised, in part:
"In the penultimate paragraph of [the Director Rebuild Operations']
letter, he tries to lead one to believe that the Organization's claim is
concerning the operation of the overhead crane used to load and unload
the traction motors. However, that particular portion of the task was not
disturbed, the machinists still operate the crane used to load and unload
Form 1 Award No.
13728
Page
3
Docket No.
13502
03-2-99-2-104
the traction motors. The issue involved in this dispute is that actual
loading and unloading of the traction motors to and from the rail flat cars
which is now being performed by members of the Electrician's Craft."
The General Director Labor Relations denied the claim, stating:
"Carrier has installed an overhead crane to replace the out of date MyJack. While the operating of the My-Jack was the responsibility of the
machinist craft, the operation of the overhead crane is not the exclusive
right of your craft. The operation of overhead cranes have been
performed by various shop craft employees in the Jenks Shop for many
years."
The General Chairman responded:
"The issue in this dispute is not the operation of an overhead crane . . .
Machinists are still assigned the duties of operating the involved crane,
this dispute deals with the actual loading and unloading of the traction
motors to and from the rail flat cars which entails connecting the lift
hooks to the traction motors, and disconnecting same after the motors
have been guided in their proper position for transport."
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