Form 1 .. NATIONAL RAILROAD ADJUSTMEIT' BOARD Award No.
6864
~~ ~ Q 1`]t`' SECOND DIVISION Docket No.
6721
G. M. YVuhN
2-L&.N-SM-' 75
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas 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
and Circular
Letter No. 3012 dated March 5, 1954, signed by Mr. J. F. Pyan
at Louisville, Kentucky on February 16, 1973 when they
improperly assigned Boilermakers the duty of removing and
replacing hood and braces made of tin and pipe on tractor.
2. That accordingly the Louisville and Nashville Railroad
Company be ordered to comroensate Sheet Metal Worker G. T.
Mar sh four
(4)
hours at the pro rata rate of pay for such
violation.
i
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, 193+.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
The initial question to be determined in this dispute is whether this
Board has jurisdiction to consider the claim.
The Organization contends that Carrier improperly assigned BoilermaO:ers
certain work that belonged to the Sheet Metal Workers in violation oOrganization's Classification of Work Rule.
The Boilermakers nave joined Carrier in asserting that this matter
should be settled by procedures provide. in Appendix of the Agreemunlt
signed by both crafts involved in this dispute.
Form 1 Award No.
6564
Page 2 Docket No.
6721
2-L&N-SM-'75
Second Division Award No. 6825 between the same parties, recently
decided, is virtually identical to this dispute. We quote its findings:
"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 p ante 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.
"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 before us.
Based on the foregoing we will decline to accept
jurisdiction over this dispute."
Form 1
Page
3
Award No.
63641
Docket No. 6721
2-L&N-SM-'75
That claim was dismissed for lack of jurisdiction, and this Board
sees no reason to do otherwise.
A W A R D
Claim dismissed for lack of jurisdiction.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
rsemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of May, 1975.