,- Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6868
SECOND DIVISION Docket No.
6688
2-MP-SM-'75
The Second Division consisted of the regular members and in
addition Referee David P. Twomey 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, particularly Rule
97,
at Sedalia,
Missouri on January
25, 1973
when they improperly assigned
Carmen the duty of flatting roof sheets, cutting off one inch
each end then rebending galvanized iron roof sheets for Salt
Car-- Nos.
775000 and 775016.
2. That accordingly the Missouri Pacific Railroad Company be
ordered to compensate Sheet Metal Workers C. L. Norman,
L. D. ax°r:LScn and Ralph Steele sixteen (16) houx°s each and
Sheet Metal Workers Carl Spellneyer, Nox2~lan Bottcher, Frank
_ Ellis, G. H. Kueck, Walter Benskin and N. E. Whittington
eight
(8)
hours each 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 Board has jurisdiction over the
dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Petitioner, SMWIA, contends that the Carrier violated the
Agreement of the parties on January
25, 1973,
at the Sedalia Shops when
the Carrier assigned Carmen the duty of altering roof sheets for two
Salt Cars by flattening both ends, cutting off two inches and rebraking
the metal. The Petitioner contends that this assignment of work is in
violation of the clear langaage of Rule
97
which we quote in pertinent
part:
' Form 1 Award No.
6868
Page 2 Docket No.
6688
2-MP-SM-'75
"Sheet Metal Workers work shall consist of tinning,
coppersmithing and pipefitting _in shops, on passenger
coaches; cabooses and commissary cars and engines of
all kinds; the building, erecting, assembling, in
stalling, dismantling and maintaining parts made of
sheet copper, brass, tin, zinc, white metal, lead,
black, planished, pickled and galvanized iron of
10 gauge and lighter including brazing, soldering,
tinning, leading, and babbitting xxx and all other
work generally recognized as Sheet Metal Workers'
work." Emphasis Supplied
The Petitioner also argues that based on the language of Rule
97,
"and all other work generally recognized as Sheet Metal Workers' work,"
the work in question was properly the work of the Sheet Metal Workers
Craft, since they have always, they contend, worked on 10 gauge or
lighter tin at the Sedalia Shops.
The Carrier contends that the work in dispute consisted of the
rebuilding of freight cars by applying new roof sheets. The Carrier
contends that the Classification of Work Rule for Carmen, Rule 117,
includes the building of freight cars without limitation as to the
f type of thickness of metal required. Rule 117 reads in part:
"Carmen's work, including regular and helper
apprentices, shall consist of building, maintaining,
' painting, upholstering and inspecting of all
passenger and freight cars, both wood and steel;
...
applying patented metal roofings; ...and in all
other work generally recognized as Carmen's work."
emphasis supplied
The Carrier points out that on the other hand, Rule
97,
the Classification
of Work Rule for Sheet Metal Workers, specifically mentions cabooses,
commissary cars and passenger coaches but deliberately omits freight cars.
The Carrier denies that Sheet Metal Workers have ever performed any
of the work required in the building or maintenance of freight cars.
The Carrier thus contends that the work on the two freight cars was
properly assigned to the Carmen's Craft on the basis of Rule 117 and the
practice on the property.
The Brotherhood of Railway Carmen has a third party interest in
this matter and upon proper notice made a submission to this Board. The
Carmen contend that based on Rule 117, the work belongs exclusively to
the Carmen's Craft; and that the work has always belonged to the Carmen.
F
Form 1 Award No.
6868
Page
3
Docket No.
6688
2-MP-SM-'75
We find that the altering of roof sheets in order to make the roof
sheets fit the two Salt Cars was work necessary to and part of the
rebuilding of these two freight cars. Rule 117 provides that Carmen's
work shall consist of building and maintaining "freight cars". We
find that Rule 117 expressly reserves the work in question to the Carmen.
Rule
97
specifically refers to "passenger coaches," "cabooses,"
"commissary cars" and "engines of all kinds". Rule
97
makes no reference
to work on freight cars. We thus find that the altering of roof sheets
in the rebuilding of freight cars is not Sheet Me-'V--al Workers work.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOAPS)
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
w _
semarie Brasch-Administrative Assistant
-007 .
Dated at Chicago, Illinois, this 30th day of May,
1975.