The Second Division consisted of the regular members and in
addition Referee Edward F. Carter when the award was rendered.
RAILROAD DIVISION, TRANSPORT WORKERS UNION
OF AMERICA, C.I.O.
DISPUTE: CLAIM OF EMPLOYES: That it is inconsistent with the past practices to have the Carrier insist that Car Inspectors, so assigned bleed cars at McKees Rocks, Pa., when trainmen have always done this work at this point.
That for this reason, the Carrier be ordered to additionally compensate the following employes, eight (8) hours for each day that the Carrier required the Car Inspectors to do work that has always been done by the trainmen; A. J. Kinney, Joseph Zaglauer, John Linner, T. H. Stevens, Jr., J. Rubolino, J. Papinchak, A. Minder, D. B. Davis, A. Woodhall, J. Nicodemus, J. Stadelman and Ralph Milligan.
That about fifteen (ib) years ago the McKees Rocks Car Inspectors requested the work of bleed-ag cars at McKees Rocks, Pa., but were told verbally that this could not be done as the Carrier had some kind of an agreement with the trainmen at this point and that this work was to be done by crippled trainmen.
EMPLOYES' STATEMENT OF FACTS: There is an agreement between the parties to the dispute dated May 1, 1948 and subsequent amendments thereto copies of which are on file with the Board, and is by reference hereto, made a part of this statement of facts.
At McKees Rocks, Pa. the trainmen always have bled cars, but now the carrier insists that car inspectors do this work. As stated in the dispute when the car inspectors requested this work the carrier turned down this request.
Since the carrier had turned down the car inspectors request for this work and now insist that they do this work the organization is claiming eight (8 ) hours additional pay for each day and each man that was made to do this work. The following men on the following days are involved:
It is therefore the carrier's position that there being no rule in the current agreement with respect to the matter of bleeding air and such work never having been assigned exclusively to any craft or class of employes on this railroad, there is no merit in the claim of the employes and it 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.
This claim is made on behalf of twelve (12) carmen for an extra day's pay on certain days designated in the claim on account they were required to bleed air from cars at McKees Rocks Yard, Pittsburgh, Pennsylvania. It is the position of the carrier that the work of bleeding air from cars has never been assigned exclusively to any craft or class of employes and has been performed by several classes of employes in the past including trainmen, carmen, laborers and helpers.
The record shows that from 1928 to 1948, three (3) disabled trainmen were assigned around the clock to bleed air at McKees Rocks. Since 1948 yard crews, assigned to break up trains performed the work when no trainman was assigned. On February 23, 1955, there was only one (1) disabled trainman available and carrier instructed car inspectors to bleed air from cars when no trainman was available to perform the work.
It is the contention of employes that this work belongs exclusively to trainmen for the reason that about fifteen (15) years ago the carmen requested that bleeding air from cars be taken from disabled trainmen and be assigned to carmen which request was denied.
The McKees Rocks Yard is within the Pittsburgh general yard district which is approximately twenty-four (24) miles long. Car inspectors in the McKees Rocks Yard District are under the supervision of a foreman of car 217s-12 431
inspectors whose jurisdiction includes McKees Rocks Yard proper and Ivanhoe Yard. Under Rule 50 (c) these two yards are in the same seniority district. It was understood, however, that the present claim was limited to McKees Rocks Yard proper and to no other yard.
The record shows that car inspectors and trainmen bleed cars at Ivanhoe Yard. The record shows that laborers bid in and were assigned to air bleeding jobs at Newell. At eleven (11) other inspection points on the railroad it is shown that car inspectors and trainmen are assigned to bleed air. It is not contended that any agreement provision controls the assignment of this work. The organization contends that as trainmen have performed the work at McKees Rocks Yard proper for twenty-five (25) years that it belongs to trainmen exclusively by practice. The mere fact that one class of employes has done certain work for a long period of time does not necessarily make it the exclusive work of that craft. If there is an intent manifested for a long period of time to treat it as the exclusive work of the craft to which it is assigned, the result could well be otherwise. But the record refutes any such intent. The work is performed by other crafts and classes at other points, including Ivanhoe Yard in the same seniority district. The fact that carrier may have declined to contract the bleeding of cars exclusively to carmen does not mean that it may not be properly performed by carmen where it has not been contracted to any other craft or class. Award 1636. The work of bleeding air from cars has not been performed exclusively by one class of employes on this railroad. It may be performed by more than one class or craft. The work may be properly assigned to car inspectors to perform. The claim must be denied.