Award No. 585
Docket No. 583
2-ACL-CM-141
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 42, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
ATLANTIC COAST LINE RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES: That certain air-brake work now
being performed by helpers is mechanics' work and should be performed by
mechanics; specific claim, Car Repair Helper G. W. Brown, Sanford, Florida.
EMPLOYES' STATEMENT OF FACTS: Car Repair Helper G. W. Brown
at Sanford, Florida, and helpers at other points, namely Lakeland, Waycross,
Florence and Rocky Mount, in the performance of their assignments as
helpers are required to remove and apply triple valves, clean and grease air
brake cylinders, clean and oil retainer valves and dirt collectors, operate the
individual car testing device and also make repairs to brake pipe; while at
Tampa, Jacksonville, High Springs and other points the work above described
is performed entirely by mechanics or mechanics and apprentices. The practice of assigning helpers to this work is of more or less recent development,
commencing at one or two points and gradually being extended to other
points. For a number of years at most points on the Atlantic Coast Line
Railroad all of the work was performed wholly by mechanics, or by a
mechanic and a step-rate mechanic, or by a mechanic and an apprentice
working together.
POSITION OF EMPLOYES: That helpers being assigned to perform the
work as outlined in the above statement of facts is a violation of Rule 29,
carmen's special rules, section F, first paragraph. The paragraph in question
reads as follows:
Carmen's work shall consist of building, maintaining, dismantling
(except when being scrapped), and inspecting all passenger and
freight cars, both wood and steel, planing mill in car department, and
. all other carpenter work in shop and yards coming under car depart-
ment; carmen's work in building and repairing motor cars, lever cars,
hand cars and station trucks (where done in mechanical department);
building, repairing and removing and applying running boards on
cars; pipe and inspection work in connection with air brake equipment
on freight cars; applying patented metal roofing; repairing steam
heat hose for locomotives and cars; operating punches and shears
doing shaping and forming; hand forges and heating torches in con
nection with carmen's work, and nailing connected therewith; wreck
ing derrick engineers, write-up men, and all other work generally rec
ognized as carmen's work. It is understood that the present practice
in the performance of work between the carmen and boilermakers
will continue.
[405]
585-6
410
FINDINGS:
The Second 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.
The parties to said dispute were given due notice of hearing thereon.
There is sufficient evidence in this docket to show that in certain instances
carmen helpers were used to perform work in violation of the agreements
(Rule 29 (f) effective December 1, 1935)-current agreement Rule 402.
AWARD
Carmen helpers will not be used to perform any operations in this class
of work in violation of Rule 29 (f)-Rule 402 of the current agreement.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 13th day of March, 1941.