Form 1 NATIONAL RAILROAD ADJUST:,1ENT BOARD Award No.
6834
SECOND DIVISION Docket No.
6597
2-MP-SM-' 75
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the
controlling Agreement dated November 1,
1955
on May
24, 25,
1972,
when they improperly assigned Maintenance of Way
Employes (Water Service) the cutting, threading, fitting,
and installing twenty-two (22) feet of one-half (1/2) inch
and three-eights
(3/8)
inch pipe at water pump Power House,
south side of Diesel Shop, Pike Avenue, North Little Rock,
Arkansas.
2. That accordingly, the Missouri Pacific Railroad Company be
ordered to compensate Sheet Metal Workers S. V. Pruss and
C. E. Cothran at North Little Rock, Arkansas for eight
(8)
hours each at the punitive 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 Board has jurisdiction aver the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
The instant claim arises out of a different facet of the work
allocation dispute considered by us in our recent Award No.
6833.
As in the earlier case, Petitioner herein alleges a violation by
Carrier of the Tripartite Agreement of November 1,
1955
between
Petitioner, Carrier and the Brotherhood of Maintenance of Way Employees.
We note that this is a case involving third party interests and the
Maintenance of Way Employees have filed a submission for our consideration on this record.
Form 1
Page 2
Award No. 6834
Docket No. 6597
2-MP-SM-'75
On claim dates Carrier assigned water service employees to cut,
thread, fit and install water pipe at a recently constructed building
housing new electrically driven centrifugal water pumps. The water
pumps were part of a new fire prevention system on the property.
Petitioner claims the above allocation violated the Agreement
primarily on the ground that "power plant" piping properly is allocated
to sheet metal forces. For reasons described with more particularity
in our recent Award 6833 we conclude that the building merely housing
the fire system water pumps is not thereby rendered a "power plant".
Accordingly, the instant claim is without Agreement support and must
b e denied.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Byct~/LG~A_~·r.'C/
R semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 18th day of March, 1975.