Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6763
~''`~- SECOND DIVISION Docket No.
6599
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( International Association of Machinists
( St. Louis-San Francisco Railway Company
Dispute: Claim of Employes:
(a) That under the current agreement, Machinists Dean Kjar,
Ron Agostini and Don Miller, hereinafter called the Claimants,
were unjustly deprived of work which was improperly assigned
by the St. Louis-San Francisco Railway Company, hereinafter
called the Carrier, during a period from August 17, 1872
through September 21,
1972.
(b) That accordingly, the Carrier be ordered to pay the Claimants,
at their regular rate of pay, for the hours which they were
denied, as specified later in this submission.
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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,
193+.
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 essential facts out of which this claim arose axe not in
dispute. During the period April
17,
1972 through September 21,
1972,
the Carrier's entire fleet of 114 tank cars was processed through the
Car Department of the Consolidated Mechanical Shop at Springfield,
Missouri for refurbishing and repairs. As part of this operation,
employes in the taxmen craft removed the safety relief ("pop") valves
from the cars and took them to employes in the Machinist craft for
cleaning and testing. After disassembling, cleaning, testing and
reassembling by the Machinists, the Carmen reapplied the valves to the
tank cars.
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Form 1 Award No.
6763
Page 2 Docket No. 6599
2-SLSF-MA-'74
On September 25, 1972 the Organization herein submitted the instant
claim alleging that in addition to the cleaning and testing, removal
and reapplication of tank car pop valves was exclusively vested in
Machinists by custom, practice and tradition. In this connection, the
Organization claimed a violation of Rule 51 of the applicable Agreement,
which reads as follows:
"Rule 51. Should a jurisdictional dispute arise between
any of the crafts signatory to this agreement, it is
agreed the craft then performing the work shall continue
to do so until the dispute is settled by the crafts
involved.
Prior to inaugurating a new process or operation
that conflicts with a craft's work classification
rules, Management will consult jointly with the
General Chairman in an effort to allocate the work
to the proper craft. In event allocation cannot be
arrived at in conference, then Management may require
the work to be performed by the craft they consider
entitled to the work."
Carrier denied the claim primarily upon the ground that the work
had been performed by the craft considered to be entitled to the work.
The Organization thereupon appealed the claim to our Board without any
effort at inter-organizational settlement on the property The
3
a
Brotherhood of Railway Carmen has a third party interest in this matter
and upon due notice presented a submission on the record and was
- represented at the hearing in this case.
The Organization herein insists that this is not a jurisdictional
dispute and accordingly is not subject to the mandate of Rule 51,
whereby such disputes are referrable to settlement on the property by
the crafts involved. Cur review of the record, however, leaves no
doubt that this is a case where two crafts each are claiming the
exclusive right to perform certain work under past practice and for
their respective work classification rules. In our considered judgement,
this is a jurisdictional dispute arising between two signatories to
the controlling Agreement, inclusive of Rule 51. Moreover, the record
is clear that the petitioning Organization has not complied with the
requirements of Rule 51 for settlement of the dispute by the crafts
involved on the property.
In view of the foregoing, it appears to us that the claim is
prematurely before us. The procedures available for settlement on the
property have not ever been invoked let alone exhausted; nor has any
showing of futility or impossibility been made on this record. In
these circumstances we have no alternative but to dismiss the claim.
See Awards 2747, 2931, 5789, 5793.
Form 1
Page
3
B
Award No.
6763
Docket No.
6599
2-SLSF-IMA-'
74
A W A R D
Claim dismissed without prejudice.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTENT BOARD
By Order of Second Division
Y
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 26th day of September,
197+.
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