Four. 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6911
SECOND DIVISION Docket No.
6814
The Second Division consisted of the regular members and in
addition Referee Harold M. Weston when award was rendered.
( International Association of Machinists and
( Aerospace Workers, District No.
3. - A
.F.L. - C.I.O.
Parties to Dispute:
( Chicago and North Western Transportation
Dispute: Claim of Employes:
(a) The Chicago and North Western Transportation Company, hereinafter
called the Carrier, violated Rules'
#6, 29, 53
and
63
of the
Controlling Agreement when on or about August 20,
1973,
at
Oelwein, Iowa, they assigned Supervisor Charles Trotter to tend
Tool Room, handing out tools and/or material contrary to the
Craft Agreement.
(b) This work is recognized under the Machinist Helpers' classification of Work Rules and should be performed by them. We,
. therefore, request the company to pay Machinist Helper, Jim
Walker,
8
hours at time and one-half, and stop violating the
rules. This is a continuing claim and all claimants should be
properly paid in accordance with claims as they were submitted
on different dates.
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 waived right of appearance at hearing
thereon.
Among the variety of duties defined by Rule
63
as "Helper's Work"
. is "tending tool room" at the location in question, so far as the record
shows, there is no regular tool room and the established practice is for
machinists to keep the basic tools they require in the performance of their
normal duties in tool kits provided by Carrier. When expensive special
tools are needed, they are obtained from the foremen at their office which
is primarily used"as an office, but has had steel shelves installed to
hold such special tools. There is no evidence, and it is unrealistic,
Form 1
Page 2
that foremen devote an appreciable part of their work day in tending
the room for purposes of tool distribution.
Under the circumstances, no valid basis is perceived for concluding
that Helpers' work rights have been invaded, and that Rule
63
has been
breached.
Award No. (i 911
Docket No.
(5814
2-C&-:NW-MA-"75
AWARD
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
X3L-ZL-<)-
e-
Rosemarie Brasch - Administrative A.ssi
ant
Dated at Chicago, Illinois, this
15th day of August, 1975.