ATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21191
Irwin M. Lieberman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE: (
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned other than
Bridge and Building Department employes to perform overtime work on Bridge
03/4 at Clinton, Iowa from September 1 through September 16, 1973, both dates
inclusive (System File 81-3-180).
(2) B&B Carpenter T. Tracy be allowed one hundred twenty-eight (128)
hours of pay at his time and one-half rate for September 1 through September
16; B&B Carpenter E. Anderson be allowed one hundred twenty (120) hours of pay
at his time and one-half rate for September 1 through September 15; B&B Carpenter W. Suchy b
rate for September 8, 9 and 15, 1973 because of the aforesaid violation.
OPINION OF BOARD: On September 1, 1973, the electric motor on a railway
bridge at Clinton, Iowa burned out. This motor, normally
activated by the bridge operator, raises and lowers the "Connelly Joints" at
each end of the swing span and aligns and locks the running rails in place
when the bridge is in a closed position.
After the damage to the motor on September 1, 1973, electricians
were assigned to replace the electric motor; however, the replacement motor
was not equipped with a brake. This made it necessary, on a temporary basis,
to assign an employe on the bridge deck to advise the bridge operator to turn
off the electric power to the motor when the Connelly Joints reached the open
or closed position and to place a steel bar into the capstan and further to
chain the bar to the guard rail to prevent any further movement of the joints.
This manual work, required until the final repairs were completed on September
161 1973, gave rise to this dispute. Carrier assigned a Bridge and Building
Department employe to perform the work during their regularly assigned hours
Monday through Friday and assigned, on overtime, either an electrician or car
repairman to the second and third shifts and also to all shifts on Saturdays
and Sundays. The parties agree that this is the only time such work has ever
been performed on this Carrier's property.
The sole issue before us is whether the work of te~kporarily securing
the Connelly Joints and signaling the bridge operator tc shut off the electric
motor, when operating the bridge, was work reserved for B&B employes. Petitioner argues that the
maintenance of the bridge, which work is reserved to employes covered by Petitioner's Agreement. Pet
position, during the handling on the property, when Carrier attempted to justify
Award Number 21223 Page 2
Docket Number MW-21191
the use of an electrician for the work in question on the ground that electricians' skill was requir
indeed performed the required work during the regular work week. An examination of the record of the
position. While maintenance of the bridge structure and the Connelly Joints
properly
is
reserved for B&B empioyes; that type of work was not involved
herein. The only work at issue was the task of assisting the bridge operator
(a telegrapher) in the opening and closing of the bridge by signaling and
securing the Joints; such work cannot properly be characterized as building,
repairing or reconstructing the bridge, which is customarily reserved to the
B&B group. Since operating the bridge is assigned to Telegraphers, and the
repair of electric motors is assigned to Electricians, and the maintenance
of the Connelly Joints is normally B&B work, it is easy to understand the confusion attendant up
apparent that there is no rule support for the Claim; Carrier could have and
did assign the work to one of several different crafts for the duration of
the emergency and temporary period. There was no exclusive right to this
unusual activity.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning-of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1976.