NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Herbert B. Rudolph when award was rendered.
SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (BOILERMAKERS)
DISPUTE: CLAIM OF EMPLOYES- 1. That at Cedar Rapids, Iowa, the carrier has and is violating the controlling agreement and Rules 72, 74, 33 and 12, thereof, by arbitrarily performing all boilermakers' craft work with C. R. I. & P. boilermakers' craft.
2. That in consideration of the aforesaid violation, the boilermakers' craft employed by the Illinois Central are deprived of work rightfully belonging to them under the agreement and that the carrier be ordered to-
EMPLOYES' STATEMENT OF FACTS: The carrier maintains at Cedar Rapids, Iowa, a four-stall roundhouse; One Seller boiler washing injector and pressure pump for washing boilers; tools necessary to perform boiler work. There are employed at Cedar Rapids roundhouse a general foreman, two carmen and four laborers. Two freight locomotives and one locomotive used for switching are daily handled at this roundhouse, inspections and necessary repairs made.
From the year 1911 to 1936, inclusive, the inspection of boilers, boiler repairs such as renewal of stay-boltsy flue work, steam leaks, etc., were performed by boilermakers regularly employed by the Illinois Central Railroad. Whenever occasion arose to make inspections required by rules and regulations of the Bureau of Locomotive Inspection, Interstate Commerce Commission, or work such as repairing steam leaks, renewing stay-bolts, etc., boilermakers employed by the Illinois Central Railroad at Waterloo. Iowa. were sent to perform said work.
Commencing about August 1, 1936, and since, boiler inspections and other boiler work, such as renewal of stay-bolts, repairing steam leaks, etc., all of which was formerly performed by boilermakers regularly employed by the Illinois Central, have been performed by boilermakers regularly employed by the Chicago, Rock Island and Pacific Railroad.
In view of these circumstances, request is made that the claim be declined in its entirety without qualification.
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 work here involved is work which comes under the agreement effective April 1, 1935. While it might be more convenient to the carrier to have this work performed by C. R. I. & P. employes the record clearly establishes that the work can reasonably be performed (as it has on many occasions) by employes of the Illinois Central, who are entitled thereto under the agreement.