Form 1 NATIONAL R=OAD ADJUSTMENT BOARD Award No. 6894
SECOND DIVISION Docket No. 6639-T
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( Sheet Metal Workers' International
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Carrier violated the current Agreement particularly
Rule No. 84, when they improperly assigned other than Sheet
Metal Workers (B & B Carpenters) to the erecting and assembling
of sheet metal clothes Lockers to be used by Conductors and
Brakemen beginning on or about March 15, 1972 and April 1, 1972.
2. That accordingly the Carrier be ordered to:
A. Discontinue the use of employes other than employes of the
Sheet Metal Workers Craft in performing the work of erecting
and assembling sheet metal work as specified in Rule 84.
- B. Compensate Sheet Metal Workers J. M. Spangler and R. J.
Witt each in the amount of 86 hours at the time and one-half
rate to be equally divided among them for this violation.
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 question to be determined in this dispute is whether, on this
property, the Sheet Metal Workers had the exclusive right to perform the
work involved.
The Board is of the opinion that, as far as these parties are
concerned, the question has been answered in the Organization's favor by
Second Division Awards No.
5950
and No. 6063. Rule No. 84 was violated.
Form 1
Page 2
With respect to remedy, the Board further finds:
1. Part 2-A of the claim must be denied. As was stated in Award
No.
5950:
"This Board has no
injunctive or
equitable powers, and cannot
direct the Carrier in the conduct of its business."
2. Part 2-B of the claim at the pro rata rate rather than at the
punitive rate. As was stated in Award No.
6063:
"This Division has always
refused to award pay at the; punitive rate under similar circumstances."
Award No.
6894
Docket No.
6639-T
2-N&W-SM-'75
A W A R D
Claim sustained to the extent indicated in the findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By :-~y ~? 'U /! t'~. ~'='y
odemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 8th day of August,
1975.