The Second Division consisted of the regular members and in
addition Referee James P. Kiernan when the award was rendered.
That on November 8, 1956 the Carrier violated the controlling agreement when it assigned four employes of the Stores Department to perform Machinists' work on motorized equipment of said Stores Department, namely, tractors, fork lift trucks and orton cranes. The work they performed consisted of greasing, changing oil, removing, repairing and replacing (or renewing) spark plugs, draining and flushing cooling radiators and otherwise winterizing this equipment.
That the Carrier be ordered to compensate Machinist John Pschandl for all time that other than Machinists were engaged in working on the above described equipment. Each Stores Department employe having been used for a minimum of two hours, the claim in behalf of Machinist Pschandl is foreight hours, at the penalty rate of time and one-half.
That the Carrier be further ordered to reassign all such work to the Machinist Craft in the future, in accordance with schedule rules and established practice of many years duration. See Exhibits "A" and "B". Exhibit. "B" clearly indicates that this work is being performed by Machinists at other points of the Carrier.
EMPLOYES' STATEMENT OF FACTS: The Great Northern Railway Company operates a wheel and axle machining shop at Jackson Street in St. Paul, Minnesota. It also operates an adjacent stores department from where parts and supplies are transported to the various departments of the shop. The tractors, fork lifts and orton cranes involved in the instant claim are operated, or driven by stores department employes. Such operation is not made a part of the claim. Neither is the wiping of this equipment, nor the filling of the gasoline tank, a part of the claim despite the fact that these functions are introduced in correspondence received from Mr. C. A. Pearson.
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 is a claim by the Machinists, that the work of "greasing, changing oil, removing, repairing and replacing (or renewing) spark plugs, draining and flushing cooling radiators and otherwise winterizing" tractors, fork lift trucks and orton cranes used by the Stores Department at Jackson Street Shop, St. Paul, Minnesota, is machinists' work.
Claimant contends that such work is performed by machinists at other points on the railroad, and enumerate ten locations in the submission. In its submission, carrier attached copy of a number of bulletins asking for bids from employes of the Stores Department to "operate and service" the equipment involved herein.
There is no evidence that the work at St. Paul is to be performed by any class or craft different from that at other points on the property. Each party to this dispute knows, or may easily ascertain, what class or craft of employes actually performs the work in question, at other locations, yet the evidence is conflicting.