The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
SYSTEM FEDERATION NO. 42, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. 0. (Sheet Metal Workers)
EMPLOYES' STATEMENT OF FACTS: Sheet Metal Workers John Acorn and L. V. Stewart, hereinafter referred to as the claimants, are regularly employed by the Atlantic Coast Line Railroad, hereinafter referred to as the carrier, in the carrier's shops at Jacksonville, Florida and were available to have been used if called on their rest days and after bulletined hours.
On Tuesday, November 19, 1963, carrier assigned maintenance of way employes to install six (6) steam radiators in the roundhouse office building as per the following; one (1) in the roundhouse foreman's office, and one (1) in the car foreman's office, three (3) in offices located directly above the roundhouse and car foreman's offices and one (1) in the store room office located across the hall from the roundhouse foreman's office. Approximately sixty (60) feet of li/4" pipe, thirty (30) feet of 1" pipe and numerous fittings were used in the installation. In addition, a 3/s" copper drain was installed on each radiator. Seventy-four (74) man' hours were consumed by four (4) Maintenance of Way Employes in making the installation.
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 failed to make satisfactory adjustment.
The agreement effective November 11, 1940 as it has been subsequently amended, is controlling.
The desire of the organization to include this work in its classification of work rule apparently prompted the filing of this dispute, as well as the prior dispute, with your Board, and carrier respectfully requests that the claim be denied.
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.
Claim 1 is that the Carrier improperly assigned Maintenance of Way employes to install six steam radiators in various offices and a store room in the roundhouse office building, involving about ninety feet of pipe and numerous fittings.
The Carrier alleges that this provision "was designed to embrace pipefitting work in connection * * * with repairs to locomotives and cars, and not work such as is here involved". But no such limitation appears in the rule.
Annexed to the Employes' Submission as exhibits are the affidavits of five men who had worked for the Carrier for from twenty to forty-one years as sheet metal workers, machinists, or machinist and foreman, stating that they had seen sheet metal workers install and maintain steam radiators and steam pipes, and that this work had always been considered the work of that craft.
The Carrier concedes that high pressure steam facilities are within sheet metal workers' jurisdiction, but argues that this "low-pressure steam heating system * * * is an integral part of the building;" that this work therefore comes within Maintenance of Way work as "repairs to buildings", and has been customarily so performed; and that any exceptions were in emergencies.
Annexed to the Carrier's Rbuttal, but properly objected to because not submitted on the property and also because not included in its Submission, are two affidavits stating that Maintenance of Way plumbers have performed plumbing work in various buildings in shop yards, and one affidavit stating that at Moncreif, Florida, two steam radiators in a store room were changed by Maintenance of Way employes "about the year 1953".
The Carrier relies upon Award 2483, in which the first two affidavits mentioned in the preceeding paragraph were used; but it relates to plumbing work and is not here in point.
In this state of the record, and in view of the want of any support in the Rules for the claimed distinction between high-pressure and low-pressure steam systems, Claim 1 must be sustained. Pay for work not performed is at the straight time rate; but the record does not show the time actually employed in pipefitting work.
Claim 2 sustained at straight time rate and remanded to the property for ascertainment of the actually used in pipefitting work.