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Form 1 Award No. (371.
Page 2 Docket No. 6153
2-MP-SM-'72

The sheet metal workers claim four hours pay at pro rata rate plus interest because Rule 97 states that sheet metal workers shall connect and disconnect 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 placed 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 workers.

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 argues 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. It 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 of 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 ecmpletion 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 capable, to perform such incidental work provided it does not comprise a preponderant part of the total amount of work involved. in the assignment. Work shall be regarded as 'incidental' when it involves the removal and replacing or the disconnecting and connecting of--, piping,--frcm or near the main work assignment in order to accomplish that assignment." The Rule states further that to be preponderant the incidental work should take longer than the main assignment, and that "repairing" is not incidental work. Carrier argued that the main work assignment was to, inspect and maintain the engine and that the few moments required to loosen and tighten the nuts 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 6-1QA 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 and are made to promote harmony.

Second Division Award No. 6194 recently decided on alaost identical fact's 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 was denied when a carman in the Leeds car inspection yard made repairs on a canpressor. 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 Article 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 disconnecting and applying the 5/8 inch copper fuel pipe was a simple matter of
Form 1 Award No. 61371
page 3 Docket No. 6153
2-MP-SM-' 7'2

loosening and tightening the nuts at each end. In the Employes' rebuttal it is argued that the work was not incidental because it was the essence of the trouble 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 6-1GA 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 local official are not precedents and are compromises made without concession that a violation was canmitted; that carriers may buy peace without commitment; that carriers may buy peace without commitment to pay all zubsequent claims; that settlements do not serve to modify controlling agreements between the parties.





        Claim denied.


                        NATIONAL RAILROAD ADJUS'fMEUT BOARD By Order of Second Division


Attest:- __ 4:f. · I~.~tJ
Executive Secretary

Dated at Chicago, Illinois, this 28th day of Septedber, 197'2.