The Second Division consisted of the regular members and in addi
tion Referee Richard F. Mitchell when the award was rendered.
EMPLOYES' STATEMENT OF FACTS: On June 24, 1958 the carrier assigned members of the electricians' craft to the fitting and to the installation of a new hose to a yard water hose cart used in connection with yard work.
The work in question involved the placing of hose connections or hose fittings in each end of new hose and connecting same to hose cart.
This dispute has been handled with the carrier up to, and including, the highest officer designated by the company with the result that they have declined to adjust it.
The Union Pacific Agreement effective September 1, 1949 as it has been subsequently amended is controlling.
POSITION OF EMPLOYES: It is submitted that the action of the carrier in this dispute is contrary to the provisions of the rules of current applicable agreement when members of the electricians' craft were assigned to work that is generally recognized as that of sheet metal workers as referred to in Rule 109 which for your ready reference reads:
As in the foregoing case, this Division is now being asked to amend the classification of work rule (Rule 109) for the purpose of assigning the disputed work exclusively to the sheet metal workers. And, as stated above, this, of course, the Division has no power to do. If to be done at all, it must come through proper negotiations stipulated in Section 6 of the Railway Labor Act.
Petitioner, up to this time, has failed not only to deny that other crafts have performed the work here in dispute, but also to refer the carrier to any awards of this Honorable Board wherein the work of applying connections to rubber water hose is work belonging exclusively to the sheet metal workers' craft.
This Division has held, as have the other three, that where a rule is silent as to a certain issue or interpretation, the past practice of the parties is looked to as the best indication of how those parties intended such rule to be applied. As stated, and here repeated, the past practice on the property has been for workmen of practically any craft using rubber water hose to apply rubber hose connections to such hose when same have been needed.
The carrier has clearly shown that there are no rules in the current agreement which support the instant claim, and that the past practice likewise does not support the claim; therefore, same is without merit and should be denied by this Honorable Board. The Board is respectfully requested to so find.
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.
On June 24, 1958 it became necessary to attach a new hose to a two wheeled hand truck, referred to as the "water hose cart," used by the electrician to supply water to radiators and various motors located underneath certain passenger cars. The water hose cart in question was used exclusively by the electricians. An electrician attached said hose connection to the hose. Claimant contends the work performed belonged exclusively to the Sheet Metal Workers craft and submitted a claim for four hours at his straight time rate.
The claim based on rule 109 -Classification of work and ruling # 19 - consisted in attaching a new water hose to the water hose cart. This re- 3671-8 Sol