NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-2454E
(Brotherhood of Maintenance of Way llaployes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEKENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Car
Department employee instead of Bridge and Building Department employes
to repair an overhead door at Building EJ-123 on September 10, 1980
(System File BJ-2-80/SM-4-80).
(2) Because of the aforesaid violation, furloughed carpenter
D. Sylvester shall be allowed eight (8) hours of pay at the carpenter's
straight-time rate."
OPINION OF BOARD: An accident occurred on September 10, 1980 in which
an overhead door, in a partially opened position, was
struck by a fork lift truck. This was on the Carrier's property at Building
E1-123. The Carrier directed a Car Deparbnent carpenter to retrack the
rollers, close the door and nail a plywood brace to the door to prevent
it from being opened while in damaged condition. This work the Carrier
contends, was performed for safety and, security reasons and required no
more than twenty (20) minutes to complete.
The Employees assert that this was a violation of Rule 2(a),
"all work of construction, maintenance and repair or dismantling of
buildings . . . as well as appurtenances there to . . . shall be bridge
and building work". They also claim a violation of Rule 2(d): "An employee
skilled in and assigned to the construction, repairing or maintenance of
Buildings . . . shall constitute a bridge and building carpenter", by
virtue of the Carrier assigning a Car Department employee to repair work.
On the facts, the Board must conclude that there was no violation
of either Rule.
There is no dispute that the Carrier used the Car Shop carpenter
in the manner described by both the Carrier and the Employees. Nor is there
a dispute concerning what constitutes the job description of bridge and
building carpenter. The only question to be decided is whether the work performed properly falls wit
The Board holds that it does not.
The retracking of the door and nailing of a brace to close and make
it inoperable was done for safety and security reasons and required twenty (20)
minutes or less. No attempt was made to repair the door or the hardware which
Award Number 24517 Page 2
Docket Number
mw-24548
makes it operable. Neither the character of the work nor the 'minimal time
involved was disputed by the Employees. They argue, however, "The work
performed on the door in question may have allowed the Carrier to close said
door, thereby. 'securing' building E7-123, however, the work of nailing on
the plywood braces and 'retracking' the rollers constituted repair work by
any objective definition of the work 'repair'."
On the contrary, the dictionary defines "repair", "1. To restore
to sound condition after damage or injury; fix.
2.
To set right." The
Carrier did not attempt "to restore" the door "to sound condition after
damage". When such work was to be done, the Carrier assigned bridge and
building carpenters to install a new lower panel on the door. It was not
a requirement to call in a furloughed employee to effectuate a minimal,
temporary measure for reasons of safety and security.
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 ADJUS24M BOAR
By Order of Third Division
ATTEST:
. /z
/Nancy J. Dever - Executive Secretary
Dated at Chicago.. Illinois.. this 22nd day of September, 1983.
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