SYSTEM FEDERATION NO. 29, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Sheet Metal Workers)
GULF, MOBILE AND OHIO RAILROAD COMPANY
(Southern Region)
1. That under the current Agreement other than Sheet Metal Workers were improperly used to perform work of installing and assembling all pipe and fittings on pipe lines for Fuel Oil and Water running between Fuel Tank and Fueling facilities at Locomotive Track and Water Lines running from Water Tank to watering facilities at Locomotive Track at Tamms, Illinois.
2. That accordingly the Carrier be ordered to additionally compensate the hereinafter named employes for three days' pay each at eight (8) hours per day applicable pro rata rate of pay for December 4, 5 and 6, 1957. Their classification and their names follow:
EMPLOYES' STATEMENT OF FACTS: The Gulf, Mobile and Ohio Railroad Co., hereinafter referred to as the carrier, on December 4, 5 and 6, 1957 assigned a machinist and helper, maintenance of way foreman and two section laborers and one shop laborer employed at Tamms, Illinois to perform the following work at Tamms:
1. Install approximately 450 feet of 2 inch black iron pipe between the siding used for unloading tank cars and the fuel oil storage tanks and between the fuel oil storage tanks and the locomotive fueling platform including the necessary cutting, threading and fitting of the pipe and installation of necessary globe and gate valves.
2. Install approximately 150 feet of 2 inch galvanized water pipe from the shop main water line provided by the City of Tamms to the watering station for locomotives, including the necessary cutting, threading and fitting of the pipe and installation of necessary globe and gate vaves.
Carrier contends that Article VII of the August 21, 1954 agreement which became effective on this property as of November 1, 1954, superseded those parts of Rules Nos. 33 and 413 that dealt with work at "outlying points" and practices thereunder, and is the only provisions of the applicable agreement which relates to performance of work at Tamms and similar points by other than a mechanic of the craft whose classification of work rule covers it.
Carrier further contends that the aforesaid rule which became effective November 1, 1954 clearly permitted the machinist employed at Tamms to perform the sheet metal work that is here involved.
Carrier asserts that, for the reasons given hereinbefore, the instant claim is without merit and should be denied, and prays this honorable Division to so decide.
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.
At Tamms, Illinois, a small division shop point where sheet metal workers had never been employed, a machinist and helper were used to perform some twelve hours of essentially sheet metal workers' work in the installation of a fuel and water line, where work is here asserted rightfully to belong to claimant sheet metal worker and helper employed at Jackson, Tennessee, some 126 miles distant from Tamms.
The employes rely on Rule 413 of their agreement effective January, 1941 reamng:
The employes assert that Rule 413, being a special rule must prevail over Article VII which is a general rule. If they were of equal date that might be true. but Article VII is a subsequent rule so would prevail over a prior rule.
It is urged that Article VII is restricted in its application to outlying points and to running repairs, but it is not so limited in its plain wording.
It is asserted further that practice at Tamms supports the claim, but the relied on work which sheet metal workers were there called to perform may well have been, as carrier asserts, work which the mechanics employed at that point were not capable of doing, hence was in accord with Article VII. 3527-7 210