The Second Division consisted of the regular members and in
addition Referee Wilmer Watrous, when award was rendered.
SYSTEM FEDERATION NO. 39, RAILWAY EMPLOYES' DEPARTMENT, A. F. of L. - C. I. O. (Sheet Metal Workers)
EMPLOYES STATEMENT OF FACT: The carrier maintains a roundhouse and employes a number of mechanics at Hamlet, N. C. One sheet metal worker and helper are regularly assigned to maintenance work, and has for years done work of our classification within the yard limits of Hamlet. In 1954 a retarder yard was installed at Hamlet, the entire project was contracted out to general contractor. Since the installation the sheet metal workers have maintained the stand-bye equipment, such as the diesel engine and air equipment on regular inspections, also the inspection of heating equipment and air condition equipment making repairs when necessary. Due to the newness of the equipment there has been very little work except the regular inspections. The retarder yard is located some little distance from the roundhouse, and it is customary that the assistant supervisor of telephone and signals call the roundhouse foreman for a man when there is work to be done. On February 24, when regular maintenance man returned to work after being off his rest days, he was instructed to go to the retarder yard and make necessary repair to air pipe line, when checking on the job he found that the work had already been performed. Upon inquiry
the signalmen on that carrier did not contain the specific provision "car retarder systems". Now, on the Seaboard the agreement with signalmen specifically covers and includes "car retarder systems". Moreover, Second Division Award 2810, covering claim of sheet metal workers on the B&O Railroad (the same carrier involved in Award 1835) that signalmen were improperly assigned to install air pipe lines for use in operation of a newly installed interlocking system in the yard at Butler Junction, endorsed Second Division Award 1835 as well as Third Division Award 6203, and held:
That award squarely fits the instant claim. There can be no question that the work referred to in the instant claim belongs to signalmen and how the organization could contend otherwise and submit to the Board a claim so lacking in any merit as the instant claim, is beyond our comprehension. As held in Third Division Award 3523: "The claimant in coming before this Board assumes the burden of presenting some consistent theory which, when supported by the facts, will entitle him to prevail." Also, Third Division Award 5578 pointed out that among the fundamental purposes sought to be achieved by the establishment of the National Railroad Adjustment Board were uniformity of interpretation of the rules, stabilization of relationships between the carriers and the employe organizations and diminishment of causes for disputes between them. Following the principle set out therein; for the Second Division to overrule the prior Board decisions, which uniformly held that the work of installing, maintaining, repairing car retarder systems belonged to signalmen, would be subversive of those fundamental purposes.
FINDINGS: The Second Division of the Adjustment Board, based 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.