SYSTEM FEDERATION NO. 6, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (SHEET METAL WORKERS)
DISPUTE: CLAIM OF EMPLOYES: A. That under the controlling agreement and Rule 90 thereof sheet metal workers shall be assigned to perform the work of removing magnesia and plastic lagging from boilers at Silvis.
B. That the senior available furloughed sheet metal worker be compensated for all time lost, since September 15, 1941, on account of the carrier required Virgil Miller, sheet metal worker helper to perform the work of removing magnesia and plastic lagging on boilers at Silvis.
EMPLOYES' STATEMENT OF FACTS: At Silvis shops, since September 15, 1941, the carrier has required Sheet Metal Worker Helper Virgil Miller to perform the work of removing magnesia and plastic lagging from boilers at Silvis. The carrier has declined to assign sheet metal workers to the above referred to work at Silvis.
POSITION OF EMPLOYES: At Silvis, Illinois, since September 15, 1941, the effective date of our current agreement, the carrier has violated and still is violating Rule Nd. 90, of that agreement by declining to assign a sheet metal worker to the work of removing magnesia and plastic lagging on boilers at Silvis. On the Rock Island Railroad the application and removal of magnesia and plastic lagging from boilers is recognized as work that properly comes under the jurisdiction of the sheet metal workers' craft and the sheet metal workers' classification of work Rule 90 is so interpreted in the form of a printed memorandum of agreement, attached thereto, which reads in part as follows:
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.
In the Note to Rule 90, excepting certain sheet metal worker helpers from the operation of the rule, it is explicitly recognized that-" * * removal of magnesia and plastic lagging" falls within the scope of "sheet metal workers' classification of work rules." Miller was not one of those whose position was "pegged" by the Note interpreting Rule 90. There was no justification, therefore, for continuing to employ him on work falling within the classification of work rules pertaining to sheet metal workers.
Furthermore, in Award No. 325, this Division held that removal of lagging from boilers is mechanic's work.