The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
SYSTEM FEDERATION NO. 16, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C.1. 0.
(Sheet Metal Workers)
EMPLOYES' STATEMENT OF FACT: At Roanoke, Virginia, the Norfolk and Western Railway Company, hereinafter referred to as the carrier, maintains a shop known s Roanoke Shop, Sheet Metal workers' are employed by the carrier in its Roanoke Shop to perform their work as specified in the current Agreement. The carrier has maintained numerous wash rooms and toilet facilities at Roanoke Shop since the building of the shop. Maintenance renewals and repairs to these facilities having been performed by the sheet metal workers' repair gang, Roanoke Shops. On July 6, 7, and 10, 1967, the carrier in a modernization of the shop program, assigned employes of the Maintenance of Way Craft to install these Sewer Lines, and over protest by the Local committee.
This dispute has been handled with all officers of the carrier designated to handle such disputes, including Carriers' highest designated officer, all of whom have declined to make satisfactory adjustment. Fourth Division, Award 1632:
"There is nothing in this case which distinguishes it from the majority of awards from the several Divisions of this Board which hold that in order to qualify for punitive pay the work must have been actually performed in excess of eight hours. In the instant case, the claimant has not qualified himself for the punitive rate by doing the work which makes the higher rate applicable."
In conclusion, the carrier respectfully submits that the facts and evidence presented in carrier's submission and hereinafter shown as a summary clearly shows the claim is not supported and should be denied.
1. Sheet Metal Workers do not have the exclusive rights to the work claimed and no evidence was offered that Rule 84 does grant exclusive rights to sheet metal workers to perform all work contained therein in every situation.
2. MofW forces have been assigned to such projects in the many shops, offices and warehouses of this carrier continuously from the year prior to the craft agreement to the present claim.
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 questions to be determined in this dispute is whether the installation of sewer lines is work exclusively reserved to this Organization under the Agreement between the parties.