The Second Division consisted of the regular members and in
addition Referee Charles W. Anrod when the award was rendered.
SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Boilermakers)
THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
- Western Lines -
EMPLOYES' STATEMENT OF FACTS: At Albuquerque, New Mexico, the Atchison, Topeka & Santa Fe Railway hereinfater referred to as the carrier, maintains a force of Boilermakers and Helpers in their Diesel Repair Shops and Central Work Equipment Shop who hold seniority at that point in accordance with the rules agreement.
On or about February 10, 1958, the carrier elected to add to the Diesel Locomotive Shop repair equipment, a metal vise stand for use of employes repairing diesel locomotives. Said vise stand was fabricated of s/a" x 22" x 22" plate metal or 3/g" sheet steel, bottom plate 22" x 22" to which bottom plate was welded upright support of heavy pipe, the top plate to which the vise was bolted was approximately 19" x 28".
All of the work in connection with the fabrication and installation of said vise stand, including the laying out, fitting up and welding was assigned to Shop Extension Forces.
This dispute has been handled with all officers of the carrier designated to handle such disputes including the highest designated officer of the carrier, all of whom have declined to make a satisfactory adjustment.
system, consequently there is not substance to the general chairman's contention that the building and installation of diesel platforms by Shop Extension Department forces is confined to the particular points where such forces had previously installed that particular fixture or item of equipment. Furthermore, and as shown in the carrier's statement of facts, the seniority of Shop Extensions Department employes is not restricted to a single point, but under Rule 28(b) 2 extends over a grand division, or in this case the entire Western Lines, including Albuquerque, the location involved in this dispute.
It will be apparent from the above that the handling complained of in this dispute stems from an established practice that has extended over a period of more than thirty (30) years and throughout revisions of the Agreement without abrogation. The actions of the employes and their representatives clearly denote that they are through the medium of their claim in the instant dispute, requesting the Board to grant them that which they have, by their own actions, previously recognized is not required under the agreement rules.
In conclusion, the carrier respectfully reasserts that the employes' claim in the instant dispute is wholly without support under the governing agreement rules and the long-standing practices thereunder, and should, for reasons expressed herein be dismissed or denied in its entirety.
Without prejudice to, or receding from its position as previously stated herein that the claim of the employes in the instant dispute should be either dismissed or denied, carrier further asserts that the requested additional payment of sixteen (16) hours contemplated by Item 2 of the claim, is excessive. Actually only four (4) hours was consumed by a Shop Extensions Department mechanic in completing and applying the vise stand involved in this dispute.
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.
The instant claim involves essentially the same factual situation and legal questions as those discussed in our Award 3939. What we have said in that Award with respect to the building of a scaffold in connection with the construction and installation of a permanent Diesel Repair Platform in the Carrier's Diesel Repair Shops at Albuquerque, New Mexico, is also applicable to the completion and installation of the metal vise stand on such a platform with which we are here concerned.
Accordingly, we hold that the instant claim is without merit for the reasons stated in our aforementioned Award. As a result, it becomes unnecessary to rule on the Carrier's further assertion that the total payment of 16 hours as requested by the Organization on behalf of two Boilermakers is excessive as well as on the Carrier's procedural objections and we express no opinion on the validity of said assertion and objections. 3952--19 5 8 8