C:\AWARDS\OUT\2-06377.htm

(Advance copy. The usual printed copies will be sent later.)

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6377
SECOND DIVISION Docket No. 6225 2-MP-SM-172 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 agreement, particularly Rules 26A, 96 and 97 at Kansas City, Missouri when they improperly assigned Machinist Piburn the duty of closing all valves and disconnecting air hose between Engines 1237 and 1245, on July 2,.1970. 2. That accordingly the Carrier be ordered to additionally compensate Sheet Metal Worker W. R. Miller in the amount of four (4) hours at the punitive rate of pay. 3. In addition to the money amounts claimed herein, the Carrier to' pay Claimant an additional amount of 6% interest 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 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 claim is made to compensate a sheet metal worker because Carrier violated Rules 26(a), 96 and 97 of the Agreement by improperly assigning a machinist to close valves and disconnect air hoses between Diesel Engines at the Kansas City Yard. The contention is that Rule 97 includes, for sheet metal workers, the connecting and disconnecting of air pipes which the organization defines to include hoses. Among the reasons given by the Carrier for rejecting the claim, is the contention that in an outlying part of the yard where no sheet metal workers are regularly assigned, the regularly assigned machinist can connect and disconnect Form 1 Award No. 6377 Page 2 Docket No. 6225 2-MP-SH-172 air hoses: He can perform the sheet metal workers task which does not involve maintenance and repair; that it would be impossible to send workers from the shops to the yard for each and every small. job, Employes' Submission Exhibit 7, and Carrier's Submission p.6. This Division has recently denied a claim between the same parties on the seas issue, Second Divisies Award 11e. 6371. It that came the regularly assigned machinist at as outlying point disconnected a feel line of a. Diesel Engine, brought it to the sheet metal workers at the shop to fabricate a replacement and returned to the Engine to connect the new fuel lirr. This added fact and the reasoning set forth in the prior Award should make clear the result reached in this case. Relying also on Second Division Award No. 6194 which involves the same circumstances as in this case, it should not be necessary to explore the detailed arguments set forth in this Record. We refer also to Second Division Award No. 4963, Third Division Award No. 2589 and First Division Award No.. 16814 which reject: as precedent or binding committments, settlements made on the property bylocal officials. A W A R D '- Claim denied. NATIONAL. RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary Dated at Chicago, Illinois, this 28th day of September, 1972.