,- Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6868
SECOND DIVISION Docket No. 6688
2-MP-SM-'75





      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.