Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30233
Docket No. SG-29974
94-3-91-3-375
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr., when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of
the Brotherhood of Railroad Signalmen on the
Consolidated Rail Corporation (CONRAIL):
Claim on behalf of Maintainers J. M. Delozier,
037666, and G. L. Eisner, 04581, both assigned hours 0700
to 1530 Monday through Friday.
(a) Carrier violated the current
agreement between Conrail and the
BRS, particularly, SCOPE, APPENDIX
"P" and all other relevant agreement
rules when the Carrier assigned
Amtrak E. T. employees work which
belongs to BRS members.
(b) Carrier should now be required to
compensate both claimants each six
(6.0) hours at one and one half
times their normal hourly rate.
Payment is for loss of overtime work
opportunity. Carrier file SG-238.
BRS Case No. 8381.CR.'9
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 employe 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.
Form 1 Award No. 30233
Page 2 Docket No. SG-29974
94-3-91-3-375
On Sunday, February 25, 1990, a Signal Maintainer found a
malfunction in a power transformer at Port Interlocking on the
Enola Branch Line. As a consequence, the Carrier called two
employees of the Amtrak Electric Traction Department to repair the
transformer. The Signal Maintainer remained to assist the two
Amtrak employees.
The organization states that the Claimants, both signal
Maintainers, should have been called on overtime for this work.
The organization contends that, while Amtrak employees are utilized
for certain work on Carrier lines, "BRS members have always
inspected, maintained and renewed the transformers."
The Carrier presents a different picture, stating as follows:
".
. . Amtrak employees have customarily been
used to perform maintenance, repair and
renewal of AC transformers on 6600-volt lines.
Because of the specialized skills needed to
work on these high-voltage lines, which
provide power to the overhead electric
traction (E.T.) system, the Carrier in the
past customarily had Amtrak E.T. Department
employees perform work in close proximity to
such lines, including renewing the
transformers. . .
Customarily, a Conrail C&S Department
employee, represented by BRS, has been present
when such work has been performed, to verify
that power is restored to signal systems.
This was true in the instant case. . . Also,
BRS-represented employees have renewed 6600 AC
transformers in certain non-priority
situations or when Amtrak manpower was
insufficient. In such cases, an Amtrak E.T.
Department employee is still present to ground
the 6600 lines."
The basis for the assignment of Amtrak employees to perform
certain work in connection with electric traction equipment is
found in the April 21, 1976, Implementing Agreement signed by the
Carrier and Amtrak and the BRS and five other Organizations.
Included therein under work which may be performed by Amtrak
employees for the Carrier is the following:
"All electric traction maintenance, rehabilitation
and construction work on former Pennsylvania Railroad
property conveyed to ConRail."
Form 1 Award No. 30233
Page 3 Docket No. SG-29974
94-3-91-3-375
The Board concludes that the Organization has not demonstrated
that the work in question is exclusively reserved to Signalmen.
While it is apparent that Signalmen have on occasion (perhaps even
frequently) performed the transformer repair work, there is no
showing that the use of Amtrak Electric Traction employees in this
instance is contrary to practice in effect since the 1976
Implementing Agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Linda Woods - Arbitration Assistant
Dated at Chicago, Illinois, this 8th day of June 1994.