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Form 1 NATIOIAL RAILROAD ADJUSTMENT
BOARD A,~ard No. 6371
SECOND DIVISION
Docket No. 6153
2-MP-SM-f 72
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Sheet Metal Workers)
(
( Missouri Pacific Railroad Company
M
s
utei Claim of ,E~lo,yes
1. That the Carrier violated the current controlling agreement,
particularly Rules 26a and 97 at Kansas City, Missouri when they
assigned Machinist Lassiter the duty of removing fuel line, carrying
to pipe shop,
having
repaired and returning and reapplying fuel line
on Engine 1248 on June 22, 1970.
2. That accordingly the Carrier be ordered to additionally compensate
Sheet Metal Worker George Schonewetter in the amount of four (4)
hours at the pro rata rate of pay.
3. In addition to
the
money amounts claimed herein, the Carrier to pay
Claimant an additional 6% interest per annum compounded annually nn
the anniversary date of this
claim.
Fund
ices-
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.
Parties to said dispute waived right of appearance at
hearing
thereon.
The carrier maintains a Diesel Facility at Kansas City, Missouri to
perform inspection and maintenance work on certain road units and on switch engines
in and around Kansas City. The Leeds Industrial Yard serves industry in that area,
about se;ren miles from the Diesel Facility. No mechanic is peynanently
assigned t~
Leeds but a machinist is permanently assigned to
make
maintenance
inspections off'
ngines
where they are being used.
the :machinist while inspecting an engine at the Leeds yard found the fuel
kn,~
from the pump to the fuel filters to be leaking. He
disconnected
the 5/8 inch
fuel line, took it to the Diesel Facility where
a
replacement was fabricated by
sheet metal workers, returned to the engine and
installed
the new line.
.r
Form 1 Award No.
6371
Page 2 Docket No. 6153
2-MP-SM-'72
The sheet metal workers claim four hours pay at pro rata rate plus 6%
interest because Rule 97 states that sheet metal workers shall connect and dis
connect oil lines. The claim is based also on Rule 26(a) which states that
mechanics shall perform work, "as per special rules of each craft". Reliance is
also 1 -laced on a number of claims honored by the carrier as presented on the property.
In addition, reference is made to letter from the General Chairman, Machinists Union
stating that the machinists do not claim this work; it belongs to sheet metal worriers.
Carrier admits that Rule
97
includes the work performed to be within the
scope of sheet metal workers. It rejects the claim on the basis of Rule 26 (b)
which states that where there is not sufficient work at outlying points, "to justify
employing a mechanic of each craft, the mechanic or mechanics employed at such points
will,
so far as capable, perform the work of any craft that may be necessary." Carrier
agues that the work done was a simple job of loosening the nuts at each end of the
pipe to remove it and to tighten the nuts after replacing the new pipe. 7t falls
within the amendment Article IV of the September 25,
1964
Agreement. Carrier claims
also, the Incidental Work Rule in Attachment No. 1 to the Memorandum of Understanding
c~ December
4, 1969
made an Agreement between the parties by Congress in Public Law
91-226, covers this situation. The Incidental Work Rule states, "At running repair
work locations which are not designated as outlying points where a mechanic or
mechanics of a craft or crafts are performing a work assignment, the empletion of
which calls for the performance of 'incidental work' covered by the classification
of work rules of another craft--such mechanic--may be required, so far as they are
car able, to perform such incidental work provided it does not comprise a preponderant
-art of the total amoant of work involved in the assignment. Work shall be regarded
as 'incidental' when it involves the removal and replacing or the disconnecting «nd
connecting of--, piping,--from or near the main work assignment in order to
acc~_,mplish that assignment." The Rule states further that to be preponderant the
incidental work should take longer than the main assignment, and that "repairing"
is nc:t incidental work. Carrier argued that the main work assigru,^,ent was to, inspect
and -maintain the engine and that the few moments required to loosen and tighten the
nits to remove the old line and to apply the new line was incidental to the -main job,
Carrier's submission
p.3-7.
Carrier objected to any consideration of Employes'
exhibits
6-10A
because they were not submitted to the carrier when the claim was
handled on the property. In any case, carrier contends that settlements made by
local offices are compromises, not final disposition of contract disputes anal are
made to promote harmony.
Second Division Award No.
6194
recently decided on almost identical facts
that the sheet metal workers classification of work rule was not violated by a
machinist who connected air hoses between engines in the Kansas City yard. In that
case the engine was closer to the Diesel Facility than in this case.
In Second Division Award No.
5613,
the claim of a machinist -ryas denied
when a carman in the Leeds car inspection yard made repairs on a compressor. The
repairs were more extensive than in the present case. The Board found that the
Leeds yard is a separate point and that Rule 26(b) as amended by l"Irticle IV of the
Agreement of September 25,
1964
is applicable.
If the Leeds yard was not an outlying point, the work would, in any event,
be considered as incidental to the machinist's main assignment. The task of dis~:~.,;,~t,ing and applying the
5/8
inch copper fuel pipe was a simple matter of
Form 1 Award No.
6371
Page
3
Docket No. 615
2-MP-SM-'72
loosening and tightening the nuts at each end. In the Employes' rebuttal it is
argued that the wcrk was not incidental because it was the essence of the troutle
with the engine and therefore of major importance. The definition of incidental
work speaks of the time element only, not the importance of the work, in disconnecting
and connecting piping.
If Employes' exhibits 6-10A were to be considered they would not overcome
the weight of Awards. In Second Division Award No.
4963,
Third Division Award No.
2589 and First Division Award No. 16814 respectively, it is made clear that settlements made by a lo-=al official are not precedents and are compromises made without
concession that a violation was ccmmitted; that carriers may buy peace without
co;smitment; that carriers may buy peace without commitment to pay all subsequent
cairns; that settlements do not serve to modify controlling agreements between the
parties.
It is not necessary to discuss the claim for
6o
interest.
A W A R D
Claim denied.
:~TTONAL RAILROAD ADJUrjTMGNT
KARD
By Order of Second Division
Attest:. _
Executive Secretary
Dated at Chicago, Illinois, this 28th day
of S.&yteaber., 1972.