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(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD A4ard No. 6371
SECOND DIVISION Docket No. 6153
2-MP-SM-' 72
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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
Dispute: Claim of Employes:
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
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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 on
the anniversary date of this claim.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox 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 rc8 d units and on switch engines
in and around Kansas City. The Leeds Industrial Yard serves industry in that area,
about seven miles from the Diesel Facility. No mechanic is permanently assigned to
Leeds but a machinist is permanently assigned to make maintenance inspections
of
engines where they are being used.
The machinist while inspecting an engine at the Leeds yard found the
fuel.
line
from the pump to the fuel filters to be leaking. He disconnected the 5/8 inch
fue-" 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.
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.
It is not necessary to discuss the claim for
6%
interest.
A W A R D
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.