Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28399
THIRD DIVISION Docket No. MW-28294
90-3-88-3-63
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned Electricians Vadnais and Saylor to inst
Proctor Electrical Shop on January 19, 1987 (System File 10-87).
(2) As a consequence of the aforesaid violation, furloughed B&B
Mechanics G. M. Sjoquist and T. J. Bijold shall each be allowed six and
one-half (6 1/2) hours of pay at the B&B Carpenter's straight time rate."
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.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
AS
Third Party in Interest, the International Brotherhood of Electrical Workers were advised of the
Response with the Division.
The record indicates that on January 19, 1987, two electricians were
assigned the task of attaching two railroad ties to a signal bungalow prior
to the movement of the bungalow to its permanent location (for the purpose of
housing signal batteries). The record also indicates that B 6 B forces have
in the past accomplished tasks for the purpose of maintaining similar bungalows.
Form 1 Award No. 28399
Page 2 Docket. No. MW-28294
90-3-88-3-63
The Organization asserts that the work in this dispute was of a
character which has customarily, traditionally and historically been performed
by & B employees. In addition it is argued that the permanent attachment of
skids to the structure is the type of work
coveted by
the Classifica
on of Work Rule (Rule 76).
Carrier takes the position that the work involved in this dispute is within the
Organization's jurisdiction. Further Carrier asserts that there is no language in
the
Agreement to support the Organization's position. the contrary, Carrier maintians
that electricians have normally performed the particular type of
work
involved herein.
The Scope Rule in this Agreement has long been characterized as general in
nature (see Award 19921- among many others). Further the Classification of Work Rule
relied an
by
the Organization does not pe se reserve the work to the B & B employees (see
Third Division Awards 26831, 27697, 27806 and others). Additionally, Third Division Award
12376 relied on by the Organization specifies that the disputed work in that case7had been
performed historically and-customarily by the B 5 B forges. Unlike that circumstance in
this
dispute
there is no evidence whatever to indicate that the particular task had been
performed historically by B & B forces. In fact the Organization has failed to rebut
Carrier's assertion that the task of attaching frames or skids to signal bungalows has
normally been performed by electricians as part of their work. It must be concluded that
the Organization has not presented convincing evidence or Rule support for this Claim. It
must be denied.
A W A R D
Claim
denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
$~tes . iA
Nancy J. Dever Executive Secretary
ated at. Chicaga..1114nots, thiar.25th- day of MRy 1990..