w
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6825
SECOND DIVISION Docket No.
665:3
2-I&N-SM-'75
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( Sheet Metal Workers' International
{ Association
Parties to Dispute:
{
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That the Louisville and Nashville Railroad Company violated
the controlling agreement, particularly Rule
87,
on February
26,
1973,
when they assigned Boilermakers the duty of making metal
hood and braces and applying on Hyster No. M.H.
8141,
south
Louisville Shops, Louisville, Kentucky.
2. That accordingly the Louisville and Nashville Railroad Company
be ordered to compensate Sheet Metal Worker D. P. Hobbs for four
hours at the pro rata rate of pay for such violation.
b
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 herein was filed by the Sheet Metal Workers' International
Association premised on the contention that Carrier improperly assigned to
employees of the Boilermakers' craft work accruing to Sheet Metal Workers.
The work consisted of the cutting, fitting, bending and welding of pipes
for hood braces and the cutting, fitting and welding of metal hood to be
used as the top for a Hyster. Representatives of the Boilermakers intervened
in the claim and filed an ex parte submission contending, inter alia, that
the work in question is reserved to them by Rule
70,
their Classification,
of Work Rule. The Sheet Metal Workers, however, claim that since the
material used was changed from angle iron to tubing, the work accrues to
them by Rule
87,
their Classification of Work Rule.
Form 1
Page 2
Award No .6825
Docket No. 665_3
2-L&N-SM-' 75
Since both the Sheet Metal Workers and the Boilermakers are claiming
exclusive right to perform the work subject of this dispute, it is readily
apparent to this Board that a jurisdictional dispute exists herein.
Consequently, we conclude that the Board has no jurisdiction to render a
decision on the merits of the claim. All the parties before us, including
the Sheet Metal Workers, are signatories to a letter Agreement appearing
in Appendix A of the pertinent Agreement agreed to on October
31, 1949.
That agreement mandates that when two organizations signatory thereto claim
the right to perform work, they shall reach an agreement and settle any
disputes that exist between them relative to the disputed work before any
claim can be submitted to the Carrier.
Appendix A is a valid and legally operative agreement, entered into
in good faith by both the Boilermakers and Sheet Metal Workers. It
provides the machinery to be followed by those Organizations when a dispute
arises involving jurisdiction of work. Consistent with that Agreement
it was incumbent on the Sheet Metal Workers to meet with the Boilermakers
in order to resolve this dispute over the work in question. No exceptions
to this requirement are contained in the Agreement and we have no
jurisdiction to impose any under the guise of contract interpretation.
Until such time as the parties decide to abrogate Appendix A, we feel
compelled to apply it to jurisdictional disputes such as the one now befog.^e
us. Based on the foregoing we will decline to accept jurisdiction over
this dispute.
A W A R D
Claim dismissed for lack of jurisdiction.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of March, 1975.