Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7058
SECOND DIVISION Docket No. 6598-T
2-SLSF-SMW-' 76
The Second Division consisted of the regular members and in
addition Referee Nicholas H. 2umas when award was rendered. .
( Sheet Metal Workers' International Association
( A. F. of L. - C. I. 0.
Parties to Dispute :
(
( St. Louis-San Francisco Railway Company

Dispute: Claim of Employee :

1. That the St. Louis-San Francisco Railway Company violated the

controlling agreement, particularly Rule 94 at Springfield

Missouri on August 22, 1972 when they assigned Carmen and

Laborers the duties of plugging the openings, filling tanks

with water, applying blind gaskets and plugs after pressure

had been applied, to the following tank cars:

#191004 #191052 #191101 #191081

#191045 #191048 #191014 #191057

#191110 #191095 #191050 #191117

#191044 #191039 #191008 #191076

#191094 #191021 #191050 #191029

#191110 #191087 #191015 #191080

#191052 #191122 #191079 #191045

#191061 #191021 #191024

2. That accordingly the St. Louis-San Francisco Railway Company

be ordered to compensate.Sheet Metal Worker D. E. Snodgrass

for four (4) hours at the pro rata rate of pay. for each such

violation or for one hundred twenty-four (124) hours.

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.

Pork 3 Award ho. 7058
Page 2 Docket No. 6598-T
2-SLSF-SMW-' 76

It is clear that the factual circumstance as presented involves a jurisdictional dispute between three organizations as to who is entitled to perform the work in question.

Rule 51 provides an inter-organisational vehicle to resolve such disputes before coming to this Board. Failure or refusal to proceed under Rule 51 preliminarily prevents this Board from assuming jurisdiction to consider the merits. Second Division Awards No. 6759, 6763 and 6864.

A ii A R D

Claim dismissed for lack of jurisdiction.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Boatd

By ~_': '3'ri-~,~ ?

Rosemarie Brasch - Administrative Assi'atant

Dated at Chicago, Illinois, this 21st clay of May, 1976.