The Second Division consisted of the regular members and in

addition Referee Edward F. Carter when the award was rendered.


PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES'

DEPARTMENT, A. F. of L. (Machinists)










EMPLOYES' STATEMENT OF FACTS: The carrier maintains at Osawatomie, Kansas a large force of machinists and machinist helpers, who have for many years performed repairs on automobile truck used by car department. The car department truck is used at Osawatomie shop by the carmen and also used to make repairs on cars on line outside of Osawatomie shop This equipment and these employes are covered by the September 1, 1949 agreement.


The carrier made the election to unilaterally assign the repairs to automobile truck to local service station on date of April 13, 1954.


The agreement effective September 1, 1949, as subsequently amended is controlling.


POSITION OF EMPLOYES: It is respectfully submitted, on the basis of the foregoing statements of facts and the rules of the agreement applicable to them, that the carrier did damage the employes of the machinists' craft, as claimed. These employes were also damaged in violation of the carrier's contractual obligation to them and in support thereof, attention is called to provisions of these aforesaid agreements, which for ready reference follow:





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This claim is without any support under the agreement and is contrary to more than 30 years of continuous practice on this property. For the reasons fully set forth in this submission, it must 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.




Carrier maintains a force of machinists and machinist helpers at Osawatomie, Kansas. The question here presented is whether employes under the Machinists' Agreement have the exclusive right to the repair of over-the-road trucks used by the car department to make repairs on cars on line outside of the shop area.

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The result is controlled by Award 1808. The rule involved in that dispute was similar in its material aspects to the one here relied upon. Under the reasoning of Award 1808, the claim of the machinists' organization that the repair of over-the-road trucks used by the car department belongs exclusively to machinists cannot be sustained. See also Award 1110.


A further contention is urged in the present dispute. On March 10, 1953, a local agreement was entered into between the carrier and the machinists and electricians' committees with reference to the allocation of work between the two crafts at Osawatomie. This agreement did not purport to expand the scope of the Machinists' Agreement. Its purpose was to allocate the work being performed at this point between the two crafts, and nothing more. The matter of the repair of over-the-road trucks used by the car department was not a part of the work allocated by the agreement.


The organization contends that the machinists were entitled to perform the work exclusively by practice. The record does not show that such work was performed exclusively by machinists. The practice appears to be that part of this work has been performed by machinists and part farmed out for more than thirty (30) years. Under such circumstances the machinists have no exclusive right to the work and consequently no basis for an affirmative award.










Dated at Chicago, Illinois, this 28th day of September, 1956.












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                      R. W. Blake

                      Charles E. Goodlin

                      T. E. Losey

                      Edward W. Wiesner