The Second Division consisted of the regular members and in

addition Referee Curtis G. Shake when the award was rendered.


PARTIES TO DISPUTE

TRANSPORT WORKERS UNION OF AMERICA,

AFL-CIO (Railroad Division)









EMPLOYES' STATEMENT OF FACTS: That Mr. Thomas Harris is an employe of the locomotive department.




That the carrier did assign the washing of cars to the locomotive shop department and this department did this type of work for a period of a year (employes' Exhibit No. 1) and even before these records were kept by the employes.


That the Railroad Division, Transport Workers Union of America, AFLCIO, does have a collective bargaining agreement effective August 29, 1949 and revised to September 1, 1955, with the Donora Southern Railroad Company, covering the Maintenance of Equipment Department, copies of which



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cars is not traditionally the work of diesel mechanics, nor does it require mechanical skill to perform it. The language of the Third Division in Its Award No. 7170 has direct bearing under these circumstances:



This claim is governed by the principle established by this Division in its Award No. 1110:






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.





are used in company business. On March 9, 1956, one (1) of these cars was washed by an employe in the Maintenance of Way Department. The claimant, a Diesel mechanic, 2nd class, asserts that the work of washing this car belonged to him and he asks that he be paid for four (4) hours at the time and one-half rate for the alleged violation.


The organization concedes that there is no express rule in the agreement that supports the claim but it is asserted that there has been along established practice on the property that work of washing cars belongs to employes in the locomotive shop. To support the claim the organization

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produced a statement showing that between February 7, 1955, and February 3, 1956, locomotive shop employes washed or serviced a company car on fifteen (15) occasions. There is no showing that this constituted all the car washing that was performed or that such work was performed exclusively by locomotive shop employes. The carrier says it keeps no records of car washings but that this service has been rendered by both mechanics and maintenance of way employes in the past.


We are of the opinion that the organization has failed to discharge the burden resting upon it to establish a long and consistent practice as would justify us in holding that mechanics have an exclusive contractual right to the work of washing company automobiles.







ATTEST: Harry J. Sassaman
Executive Secretary

Dated at Chicago, Illinois, this 17th day of July, 1957.