Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29380
THIRD DIVISION Docket No. MW-29096
92-3-89-3-534
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The .agreement was violated when the Carrier assigned Electricians Hustad and `".c=ain inste stacker on June 20, 1988 (Claim No. 21-88).

(2) As a zonsequence of the aforesaid violation, B&B Storage Mechanics F. Zebott and R. Lilliberg shall each be allowed two (2) hours and forty (40) minutes of pay at their respective time and one-half rates."

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.



As Third ?arty in Interest, the International Brotherhood of Electrical Workers was advised of the pendency of this dispute, and filed a response with the Division.

In the spring of 1988, Carrier decided that its stacker used to handle taconite peilets at its Duluth, Minnesota, facility should be repainted before the upcoming winter. The assignment of work connected with this project generated clans from Division Award 29141 the Board concluded that it was not a violation of the MW Agreement when an outside contractor performed preparation, priming and painting work on t-.e stacker. And in Third Division Award 29143 the Board concluded that it :as not an Agreement violation when employees working under a different Agreement were used in certain preparation work incidental to the priming and paintia3. The instant claim concerns repositioning the stacker and turning the power on and off the equipment when it was being worked on by the contractor. -.-.e task, taking about fifteen minutes, was performed by electricians.
Form 1 Award No. 29380
Page 2 Docket No. MW-29096
92-3-89-3-534
The Organization has referenced no Rule in its Agreement which would
reserve these functions of work to members of its Craft. The Board is of the
view that disconnection and restoration of electrical power to the unit was
properly performed by members of the electricians craft.










Attest:
ancy J. D - Executive Secretary

        Dated at Chicago, Illinois, this 17th day of September 1992.