Machinist Helper Machinist Helper Machinist, Helper or Apprentice Machinist, Helper or Apprentice Machinist, Helper or Apprentice Machinist Helper

Machinist, Helper or Apprentice Machinist

and in addition thereto, a full time laboratory on Missouri Pacific Lines in Texas and Louisiana located at Houston, Texas.

The increasing use of diesel-electric locomotives throughout the Missouri Pacific System Lines, as has been shown, made it necessary to augment the oil testing which had always been performed solely by chemists and technicians in test department laboratories at the above named points, and it was then that employes other than laboratory employes were instructed in the use of first the Visgauge and then the Flash Point Tester which, incidentally, was developed in carrier's laboratory at Houston.

It must logically follow, therefore, that testing lubricating oil is not "engine inspecting", has not been contracted to any class or craft of employes, and hence may be performed by other than journeymen machinists. This fact is further supported by the practice at points where oil is tested at various points throughout the property by other than journeymen machinists without a complaint until the instant dispute arose at North Little Rock on or about September 10, 1951.

Accordingly, claim is without support under the provisions of the Shop Crafts' Agreement, contrary to practice throughout the property, and for the foregoing reasons should be denied.

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.

The claim, made by the machinists of System Federation No. 2, is based on carrier's failure, since about September 10, 1951, to have machinists operate its oil testing machine, referred to as a Flash Point Tester, at North Little Rock, Arkansas. They contend carrier should have used machinists to operate it instead of machinist helpers.

The Flash Point Tester is a testing device or machine used by carrier to ascertain the serviceable character of the lubricating oil in use in the crankcase .of its Diesel engines by determining the percentage of dilution and contamination therein caused by the presence of fuel oil, water, or other foreign substances.

The preamble of the parties' agreement provides:

"It is understood that this Agreement shall apply to those who perform the work specified in this agreement in the Maintenance of Equipment Department."

Rule 26 (a) provides, insofar as here material, that

"None but mechanics or apprentices regularly employed as such shall do mechanic's work as per special rules of each craft, * * *."

Rule 52 (a), insofar as it could have any application here, provides:

"Machinists' work, including regular and helper apprentices, shall consist of * * * engine inspecting; * * * the operation of all machines used in such work; * * *."

Thus the only question here is, was the work "engine inspecting" within the scope of machinists' work?

Before disposing of the foregoing issue on its merits we shall briefly consider carrier's contention that there has been such a change in the nature of the claim made on the property and that made here on appeal that we should dismiss the claim. It is true, as held in Award 1471 of this Division, that the organization may not start a claim on one basis and then, on appeal, change the nature thereof. The claim has been expanded from one on the property covering only North Little Rock, Arkansas, to one here covering carrier's entire system. However, the nature of the claim is the same. If allowed, the monetary claim would be limited to the extent as originally made but the principle involved would cover carrier's entire system.

The testing of lubricating oil in use in crankcase of engines used by this carrier had its inception about 1925. It was done in carrier's test laboratories, primarily at St. Louis, and performed by chemists and technicians, or under their supervision, as it required their special skills. Diesels came into use on this carrier's property in 1937 and with the increased use thereof the laboratory method was too slow. About 1946 carrier put into use a "visgage" which was an instrument whereby, through visual observation, the viscosity of the oil could be determined. This method proved unsatisfactory. In 1950 carrier devised the Flash Point Tester. It was put into use at North Little Rock about September 1, 1951, and is also in use at other points. Carrier trained machinist helpers to operate them and they have been assigned thereto. It should here be stated that the ability required to operate this machine is certainly not beyond the capabilities of a qualified machinist.

Insofar as the claim is based on the fact that carrier used machinists at some points to operate the "visgage" it can be stated there is no similarity between that test and the test made by the Flash Point Tester although the purpose of the two tests are concerned with and made for the

AWARD