Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28187
THIRD DIVISION Docket No. SG-28290
89-3-87-3-856
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the National
Railroad Passenger Corporation (AMTRAK):
Case No. 1
Protest of Bulletin No. 2205, dated March 7, 1986, that it be cancelled and rebulletined in accordan
violated the current Signalmen's Agreement, as amended, particularly, Exhibit
No. 'A,' Letter No. 11 of the August 12, 1982 Agreement, when it changed the
Classification, labeled and specialized positions in Bulletin No. 2205. Carrier file NEC-BRS-SD-256.
Case No. 2
Protest of Bulletin No. 2223, dated May 5, 1986, that it be cancelled
and rebulletined in accordance with the Agreement, account of Carrier violated
the current Signalmen's Agreement, as amended, particularly, Exhibit No. 'A,'
Letter No. 11 of the August 12, 1982 Agreement, when it changed the Classification, labeled and spec
NEC-BRS-SD-265. BRS Case No. 7219
Case No. 3
Protest of Bulletin No. 2229, dated May 22, 1986, that it be cancelled and rebulletined in accordanc
'A', Letter No. 11 of the August 12, 1982 Agreement, when it changed the Classification, labeled and
file NEC-BRS-SD-266, BRS-Case No. 7220
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
I
Form 1 Award No. 28187
Page 2 Docket No. SG-28290
89-3-87-3-856
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
These three Claims all deal with the bulletining of positions titled
"Electronic Technician (Communications)" in 1986. The Organization protested
the bulletining due to a change in the title of the position as well as new
qualifications and examinations for the new positions. The Organization
alleges that Carrier violated Exhibit A, Letter No. 11 of the August 12, 1982
Agreement between the parties by its actions. That letter provides in pertinent part as follows:
"A. The classification of Electronic Technician shall
be included in the Scope of the Agreements dated
June 1, 1943 and September 1, 1949, as amended,
in effect between the National Railroad Passenger
Corporation and its Communication and Signal Department Employees of the Southern and Northern
Districts, respectively, of the Northeast Corridor
represented by the Brotherhood of Railroad Signalmen.
B. The Work Classification Rules of the respective
Schedule Agreements are hereby amended to include
therein the following:
'Electronic Technician - An employee responsible for
the installation, maintenance, adjustment, repair
and replacement of electronic and electromagnetic
components associated with C.T.C. code control systems,
hot box detectors, motion sensors, presence detectors,
broken flange and wheel detectors, switch lock overlays, high and wide load detectors, flood and sli
detectors and any other similar systems in the Communications and Signal Department and the code lin
systems associated with them.'
D. Applicants for positions of Electronic Technician must
be knowledgeable in electronic theory and must possess
the requisite capabilities of successfully completing
a training course. They will be given written tests
and on the basis of such tests, as well as past work
experience and individual qualifications, determination will be made by the Company as to whether ap
Form 1 Award No. 28187
Page 3 Docket No. SG-28290
89-3-87-3-856
As a consequence of its actions, the Organization insists that the Carrier
either rebulletin the positions within the purview of the Agreement or negotiate a separate Classifi
Carrier avers that it did not violate the Agreement since the incumbents of the bulletined positions
The Board is of the opinion that the Organization is partially correct in its contentions. There was
would require negotiation. However, Carrier was within its rights in expanding the duties of the pos
verify the qualifications of the bidders. In terms of remedy, the Board sees
no reason to rebulletin the positions. However, Carrier will immediately drop
the added word "Communications" from the job title.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 20th day of November 1989.