Award No. 5146 Docket No. 4945 2-SOU-EW-'67 NATIONAL RAILROAD ADJUSTMENT BOARD SECOND DIVISION The Second Division consisted of the regular members and in PARTIES TO DISPUTE: SYSTEM FEDERATION NO. 21, RAILWAY EMPLOYES' SOUTHERN RAILWAY COMPANY DISPUTE: CLAIM OF EMPLOYES: 1. That the Southern Railway System, violated the current agreement between the Electrical Workers, as represented by the International Brotherhood of Electrical Workers, and the Carrier, when the Carrier hired two men and placed them on electricians' jobs for which they were not qualified. 2. That the Carrier be compelled to remove the two men from the electricians' jobs that they are currently attempting to work and replace them with qualified electricians. EMPLOYES' STATEMENT OF FACTS: The Southern Railway System, hereinafter referred to as carrier, employed B. J. Taylor and D. H. Callaway at Citico Diesel Shop, Chattanooga, Tennessee, and placed these men on electricians' jobs. These men were also placed on the electricians' seniority roster at Citico Shop, Chattanooga, Tennessee. The two referred to men have not served an apprenticeship or had any actual experience in any phase of electrical work as called for in rules 45 and 135 of the current agreement between the carrier and employes as represented by the International Brotherhood of Electrical Workers. This dispute has been handled with all officers of the carrier designated to handle such disputes, all of whom have declined to make satisfactory adjustment. The agreement effective March 1, 1926 as subsequently amended is controlling. POSITION OF EMPLOYES: It is respectfully submitted that the carrier erred when they employed Taylor and Callaway as electricians when neither possessed the qualifications required by the controlling agreement. For ready reference, Rules 45 and 135 of the controlling agreement read as follows: Rule 45 - Titled: Applicants for Employment: "Applicants for employment may be required to take physical examination at the expense of the Carrier to determine the fitness of the applicant to reasonably perform the service required. They will also be required to make a statement showing address of relatives, necessary four years experience and name and local address of last employer." (Emphasis ours.) Rule 135 - Titled: Qualifications: “Any man who has served an apprenticeship or who has had four years practical experience in electrical work, and is competent to execute the same to a successful conclusion within a reasonable time will be rated as an electrical worker." (Emphasis ours.) The language of the above cited rules of the agreement is clear and concise. Rule 45 requires an applicant for employment to make a statement showing that he has four years' experience in the trade to which he seeks employment. Rule 135 requires that an applicant have served an apprenticeship or have had four years practical experience in electrical work to qualify as an electrical worker. The carrier has produced no evidence to the employes in the handling of this dispute on the property to show that either Taylor or Callaway have met the requirements of said rule to entitle them to employment as electricians. The only training that Taylor and Callaway had prior to their employment was approximately nine months special schooling in a school arbitrarily instituted by the carrier to produce electricians. Such training is not provided for in the agreement and neither does it produce men with the qualifications required by the agreement to be employed as electricians. Provisions are made in the agreement, rules 39, 40, 41, 139, 141, 142 and 143, to train future electricians through an apprenticeship program and nothing contained between the covers of the agreement grants carrier the right to arbitrarily supersede the apprenticeship program with a nine months' special school. On the basis of the foregoing, it is evident that carrier's arbitrary employment of Taylor and Callaway as electricians, constituted violation of the specific terms of the controlling agreement. Carrier's action was not only a flagrant violation of the controlling agreement but could prove dangerous to other electrical workers compelled to work with unqualified employes, as electrical work can be dangerous. Certainly men who have only studied electrical work for approximately nine months and have no practical training, creates a dangerous condition. At the time Taylor and Callaway were hired by carrier, there was no necessity for hiring unqualified employes, as there were on file in the office of the Manager of the involved shop, applications from several qualified electricians with many years experience, namely: This fact was called to carrier's attention and never denied by it during the handling of the case on the property. In fact, carrier didn't even comment thereon, except to say the employes had no "right to question the company's action in hiring its employes." Such comment by carrier is clearly without foundation. The agreement between the parties stipulates the qualifications and the employes have the right to police their agreement with carrier. CARRIER'S STATEMENT OF FACTS: Part 1 of the claim alleges that the Southern Railway System violated the current agreement between the electrical workers and the carrier when the carrier hired two men and placed them on electricians' jobs for which they were not qualified. The "two men" are not named or otherwise identified. Part 2 demands "that the Carrier be compelled to remove the two men from the electricians' jobs that they are currently attempting to work and replace them with qualified electricians.” Again the "two men" are not named or otherwise identified. The National Railroad Adjustment Board is without authority to compel the railway company to do anything. Therefore aside from the fact that the board does not have jurisdiction over the here involved dispute as it involves matters not subject to the collective bargaining requirements of the Railway Labor Act, the board is without authority to make an order doing what the electrical workers' organization here demands. Effective June 17, 1953 Southern became the nation's largest railway to be completely dieselized. Since that time diesel maintenance and repair operations have gradually been consolidated and mechanized so that today Southern has but two diesel electric locomotive repair shops, one in Atlanta, Georgia and the other in Chattanooga, Tennessee. In addition there is a motor shop in Atlanta and a system assembly shop in Chattanooga. Southern's car repair operations have also been consolidated and mechanized in recent years so that as of today Southern has but two major car repairs shops, one at Hayne, South Carolina and the other in Knoxville, Tennessee. Major repairs are made to cars at the two large car shops. Minor running and certain other repairs are made at various locations at mechanized spot car repair tracks operated around the clock on a seven day per week basis so that loaded cars will not be delayed awaiting repairs. Under Southern's plan of operation but two major groups of employes are needed in the maintenance of equipment department. Carmen are needed to rebuild, maintain and service freight and passenger cars. Diesel mechanies are needed to service and maintain diesel electric locomotive units. Forces employed at the two diesel electric locomotive repair shops, the motor shop and the system assembly shop consist primarily of machinists and electrical workers, although some few employes of some of the other crafts are employed in some of the shops. When diesel electric locomotive repair work was concentrated in shops in Atlanta and Chattanooga, men furloughed from other shop points were afforded the privilege of transferring either to Atlanta or Chattanooga diesel shops. A large number of men transferred to these shops and are employed there today. However certain employes declined to transfer and instead elected to remain in a laid off status at the points where they were formerly employed. Some are unemployed. Others are employed in outside industries. Carrier's efforts to prevail upon employe representatives to persuade men to transfer to the diesel shops have been to no avail. Attached hereto and made a part hereof, identified as Carrier's Exhibits A through R, are copies of letters addressed by Assistant Vice President J. G. Moore to the several general chairmen calling their attention to the need for additional men and urging them to persuade the men to transfer. By 1963 the need for electricians and machinists became so critical that carrier had to establish a training program to train prospective electrical workers and machinists. Carrier therefore arranged with Southern Technical Institute, a branch of Georgia Tech, to establish a training program and organize classes of trainees for training as electrical workers. The first class consisted of eight trainees. The training program includes twelve weeks at Southern Technical Institute where the trainee studies basic electricity designed to lead to a complete understanding of wiring diagrams, electrical schematics and maintenance instructions pertaining to Southern Railway diesel electric locomotive units. The curriculum allows for an understanding of AC and DC circuits used on diesel electric locomotive units and some lab work to teach basic theory behind motors, generators, amplifiers, and other electrical equipment. Twelve weeks at Southern Technical Institute consisting of laboratory training with the trainee performing actual work on diesel electric locomotive unit components furnished by Southern. With this training a trainee dismantles, checks, reassembles, adjusts and tests various types of regulators, relays, power contactors, switches, and other electrical parts of diesel electric locomotive units. Six weeks at a location in Atlanta where trainees perform the actual maintenance work identified on the various maintenance instruction sheets for diesel electric locomotive units. Six weeks at the EMD plant of General Motors at LaGrange, Illinois. Here the trainees receive a look into diesel engines and are able to obtain the latest information as to changes in design, reasons therefor, etc., as well as other valuable information to enable them to properly perform their duties when employed as electricians. |