(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMENT HOARD Award No. 6519
DECOND DIVISION Docket Nc. 6377
2-MP-SM-'73
The Second Division of the regular members and in
addition Referee Robert A. Franden 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 Missouri Pacific Railroad Company violated the controlling
Agreement dated November 1, 1957 on September 7, 1971, when they
improperly assigned Maintenance of Way Employe (water Service) the
cutting of one and one-half inch steam generator water supply pipe,
threading and installing one and one-half inch check valve and
connecting pipe ect., at 400 Yard Service Center Steam Generator
Power House, North Little Rock, Arkansas.
2. That accordingly, the Missouri Pacific Railroad Company be ordered
to compensate Sheet Metal Worker S. V. Pruss at North Little Rock,
Arkansas for four (4) hours at the pro rata rate of pay for such
violation.
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 Hoard has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On September 7, 1970, the Carrier assigned a Water Service Employee of
the Maintenance of Way organization to perform certain work at a building housing
steam generators at North Little Rock, Arkansas. The Sheet Metal V;orkers
International Association has filed this claim alleging that said work -:as rcp-rly
assignable to the Claimant Sheet Metal Workers herein under the ccntrcll:n_, aEr°ements betwPen the parties.
Specifically the work performed included the cutt'_nG an', threading c.f
pipF,
the installation of a chec:~ valve and the reconnection of
t21c i:i~.e.
~.~erations were performed on a direct extension of a City Water line insi:tl-:(,
afore·.:nti~ncd building.
Form 1 Award No.
6]19
Page 2 Docket No. 6;377
2-MP-SM-'73
The Controlling Agreen;ent is a Memorandum of Understanding betweea
the Sheet Metal Workers, Maintenance of 4; ay Employees and the Carrier allocating
certain types of work.
We have examined the record thoroughly ana are of the opinion that. th(
~;cr': in question falls within paragraphs 2(A) and `)E) 1 (a) i-Itch reads as
follows
"2. From the date of this
M04ORANDUMi,
pipe work
will be allocated in the follo-.~Ting manner:
(A) Shops anti enginehouses where Sheet Metal
1elorkers are employed.
2. All maintenance, replacements and relocatinns
inside of buildings - - - above ground or floor
line - - - - - - - - - - - Sheet Metal Wkrs.
(B) Power plants at ;:t. Louis, Dupo, Poplar Bluff,,
DeSoto, Paragould, McGehee, Monroe, Ale-,-;andria,
Little Rock, North Little Rock, SAdalia., Kansas City,
Osawatomie, Omaha.
1(a) All pipe wor'r in power plant buildings except lead
caulked cast iron pipe anal fittings, and all underground
lines - - Sh. Metal Wkrs."
The records disclose that the original,instHllrition of the steam
generators and the pipe in question was done by the Sheet Metal Workers. The
Carriers allegation that Sheet Metal Workers are not qualified to work on City
water line extensions is disputed by the record. Statements that Sheet Metal
Workers have piped into City water under Carrier's instructions and have
repaired and run City water lines have gone undisputed.
On the basis of the findings, we will sustain the claim.
A W
A R D
Claim sustained.
NATIONAL
RAILROAD ADJUS=-IT BOARD
By Order of Second Division
Attest y
Executive Secretary
Dated at Chicago, Illinois, this 18th day of June, 1973.