Award No. 2250
Docket No. 2110
2-MP-MA-'56
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
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)
MISSOURI PACIFIC RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the current agreements were violated when the Carrier
on April 13, 1954 assigned the repairing of brakes of Car Department automobile truck to local service station, which thereby damaged employes of the Machinist Craft, subject to the terms of said
agreements.
2. That accordingly the Carrier for the aforesaid work performed by local service station be ordered to additionally compensate Machinist W. L. Bound and Machinist Helper V. C. Lewellyn
in the amount of four (4) hours each at the pro rata rate.
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:
"First: It is understood that this Agreement shall apply to
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carrier. Throughout the past, mechanical work on such equipment
has been performed partly by carrier employes and partly by garages
and other outside concerns. The carrier does not stock repairs for
these vehicles except as to small items common to all. Carrier
asserts that for more than thirty years this practice has existed
without complaint by the employes until the present dispute arose.
It is not work generally recognized as machinists' work exclusively
on this carrier.
The organization cites Section
27,
Appendix `B' to the agreement effective August
1, 1945,
which states:
`The parties recognize the past practice on this railroad and in the industry and agree that the Management
may contract with other persons, firms, or corporations for
unusual or intricate jobs connected with the repair or reconstruction of its motive power and rolling stock. Minor
installations or repair jobs, such as electric wiring, plumbing, etc. on buildings or other facilities at points where
Mechanical Department forces are not employed, may continue to be contracted to local persons, firms, or corporations.'
We fail to see how Section 27 is helpful in resolving the present
dispute. It recognizes past practice in contracting construction
and repair to its motive power and rolling stock only. It likewise
permits the contracting of minor repair work at points where mechanical forces are not employed. It contains nothing helpful as to
the overhauling and repair of motor vehicles.
The automobile here involved was assigned to the operating
department. We find nothing in the agreement with the Machinists
which gives them exclusive right to maintenance work in connection
with the vehicular equipment of other departments. It is true that
mechanical department employes have performed some of this work
but it does not appear that any practice existed under which they
performed it exclusively. The record shows the practice to be to
the contrary, part has been performed by them and part farmed
out for more than thirty years. Under such circumstances the mechanical forces are in no position to claim an exclusive right to perform the work. Awards
1110, 1556.
Mechanical forces have the exclusive right only to the work embraced in their scope rule and other
work exclusively performed by them under an established practice.
The claim is not sustainable under either contingency."
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.
The parties to said dispute were given due notice of hearing thereon.
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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424
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.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 28th day of September, 1956.
DISSENT OF LABOR MEMBERS TO AWARD NO. 2250
We are
constrained to dissent for the following reasons:
First: The majority rely on Award 1808 to support their position in this award. The facts of record in the dispute which resulted in that award are not in point; it was on another railroad
with different agreement rules and facts in the record. Furthermore,
said award in itself is erroneous. See dissent to said award.
Second: Rule 52 (a), captioned "Machinists Classification
of Work," reads in part:
"Machinists' work, including regular and helper apprentices, shall consist of laying out, fitting, adjusting
* * * and all other work generally recognized as machinists'
work . . ." (Emphasis
ours.)
Third: The memorandum of understanding agreed to between
the parties (the carrier, electrical workers and machinists) to the
governing agreement, said understanding being dated March 10,
1953, reads in part as follows:
"The Machinist Craft relinquished their claim on all
electrical work on shop tractors, floor cranes,
trucks * * *.
Mechanical work on this equipment will be maintained by
the Machinists."
(Emphasis ours.)
Fourth: The repairing of the brakes on this truck is work covered by Rule 52 (a) of the governing agreement and the memoran-
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dum of understanding dated March 10, 1953 and is machinists'
work. Therefore Award 2250 is erroneous.
George Wright
R. W. Blake
Charles E. Goodlin
T. E. Losey
Edward W. Wiesner