SHP - 98

IN THE MATTER OF AN ARBITRATION

BETWEEN

Canadian Pacific Limited

(the "Company")

AND

CANADIAN COUNCIL OF RAILWAY SHOPCRAFT EMPLOYEES AND ALLIED WORKERS

(the "Union")

RE: USE OF CRANES AT THE WINNEPEG DIESEL SHOP

 

SOLE ARBITRATOR: J. F. W. Weatherill

 

 

APPEARING FOR THE UNION:

J.W. Asprey

W. Redhead

 

APPEARING FOR THE COMPANY:

M.M. Yorston

 

 

A hearing in this matter was held in Montreal on March 12, 1981.

 

AWARD OF THE ARBITRATOR

The Joint Statement of Fact and Joint Statement of Issue in this matter are as follows:

JOINT STATEMENT OF FACT:

The overhead travelling crane in the Winnipeg Diesel Shop is controlled by a pendant control and is equipped with two separate hoists of 10-ton and 40-ton capacity.

JOINT STATEMENT OF ISSUE:

The International Brotherhood of Electrical Workers contends that by not assigning an electrical worker to operate the crane when it is used, the Company is in violation of Rule 57.2 and/or 57.3 of Wage Agreement No. 16.

It is the position of the Company that Rule 57.2 does not require assignment of an electrician for lifts using the 10-ton hoist; and that as there has not been any grievance filed in respect of Rule 57.3 of Wage Agreement No. 16, any contention of the Union based on Rule 57.3 is not arbitrable.

Article 57.2 of the collective agreement is as follows:

Electricians' Work

57.2 Electricians' work shall include electric wiring, maintaining, rebuilding, repairing, inspecting and installing all generators, switchboards, meters, motors and controls, motor generators, magnetos, igniters, electric welding machines electric headlights and headlight generators, storage batteries, axle lighting equipment, and welding on work general, recognized as electricians' work. All inside work on public address, shop telephone, fire alarms and electric recording systems, radio equipment and electric clocks, electric lighting fixtures, winding armatures, fields, magnet coils, rotors, transformers and starting compensators. Inside and outside wiring of shops, buildings, yards and on structures, all electric wiring and conduit work in connection therewith, including steam, gas electric, diesel electric and electric locomotives, passenger trains, motor cars, electric tractors and trucks and buses. Repairs to wiring of ignition for internal combustion engines, magnetic, electronic and all other types of electric control. Electric cable splicers, electric crane operators for cranes of forty (40) ton capacity and over, linemen who are required to work on live catenary as part of flier regular assignment, and all other work generally recognized as being, electricians' work.

An electrician will not necessarily be an a mature winder or lineman.

The company acknowledges that when the crane in question is operated with the 40 ton hoist, it, is to be operated by an Electrician. That would appear to be in accordance with article 57.2, which provides that Electricians' work shall include " electrical crane operators for cranes of forty (40) ton capacity and over".

While the grievance is therefore conceded to that extent, the union contends as well that when the crane is operated with the 10-ton hoist, it must also be operated by "an electrical worker" although not necessarily by an Electirican. For this contention, the union relies on article 57.3 of the collective agreement, which is as follows:

Classification of Linemen, etc.

57.3 Men employed as linemen (except as covered by Rule 57.2), motor attendants, generator attendants and sub-station attendants who start, stop and oil and keep their equipment clean and change and adjust brushes for the proper running of their equipment, electric switchboard operators, coal pier dumpers, and coal pier conveyor car operators. In connection with the loading and unloading of vessels. Electric crane operators for cranes of less than forty (40) ton capacity.

Linemen's work shall include building, repairing and maintaining of pole lines and catenary, and supports for service wires and cables, overhead and underground, together with their supports. Maintaining, inspecting and installing third rail and bonding track rail, pipelines or conduit for these cables. All outside wiring in yards and other work properly recognized as linemen's work.

Under that article, it seems quite clear (on an analysis similar to that which would apply to article 57.2), that the work of "linemen, etc." (and nothing turns on the fact that Linemen as such are not employed; there are suitable classifications of "electrical workers" available), includes that of ". . .Electric crane operators for cranes of less than forty (40) ton capacity...". When the crane in question is used with the 10-ton hoist it is a crane of less than 40-ton capacity, and its operation by a member of the bargaining unit (and the significance of that qualification is explained in award in an arbitration between the union and Canadian National Railways dated February 23, 1979), is to be consigned to an "electrical worker".

While that is the conclusion which appears clear in the instant case, it is the company's contention that it is not one which is is open to me to arrive at, because the issue is not one raised by the grievance. Upon reading the grievance, however, it is my view that it raises the issue of the operation of this particular crane, and is not restricted to a complaint over its use with either the 40-ton or 10-ton hoist. The grievance itself refers neither to article 57.2 nor to article 57.3, but raises a general issue as to the operations of the crane. The company's answer dealt satisfactorily with the matter of its Operation with the 40-ton hoist. The union was, in my view, quite entitled to proceed to arbitration on the issue which remained in contention, namely that of the operation of the crane with the 10-ton hoist.

For the reason set out earlier, it is my conclusion that when the 10-ton hoist is used, the crane is to be operated by an "electrical worker". The grievance is therefore allowed.

DATED AT TORONTO, this 17th day of March, 1981.

(signed) J.F.W. Weatherill

Arbitrator