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:
(Duluth, 11issabe 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 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.
Parties to said dispute waived right of appearance at hearing thereon.
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.
The claim is without merit. It will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 17th day of September 1992.