Fcrin 1 NATIONAL RAILROAD
ADJUSTMENT BOARD
Award No. 7096
SECOND DIVISION
Docket No. 6941-T
2-C&O-BM-' T6
The Second
Division
consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No. 4, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Boilermakers) .
The Chesapeake
and Ohio
Railway Company
Dispute: Claim of Employes:
1. That the Current Agreement was violated on or about March 18,
1974 when
the
Carrier assigned other than Boilermakers to dismantle
the component parts
of the
Bar Mail Furnace at Barbour'sville,
West Virginia Maintenance
of Way Shop.
2. That accordingly. the Carrier be ordered to compensate Boi.lqrmakers E. V. Gibson and J. E. Morris twenty-eight (28) hours
pay each at the applicable pro rata rate.
Findjn
The Second Division of the Adjustment Board, upon the whole record
and
alb, the evidence, finds that:
The carrier or carriers and the employe or employes involved in
ttr$.s
dispute are respectively carrier and employe within the meaning of the Railway
Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispu~e
involved herein.
Parties to said dispute waived right of appearance a t hearing thereon.
The Boilermakers', claimed a violation of Rules 79 and 32 of the
Agreement based on, "Cutting down and scrapping bar mill furnace and all of
its component parts by machinist (Leon Bledsoe)" (Employes' Exhibit "K":
original, claim submitted by the Local Representative). In their Submission
to this Board the Boilermakers contend that the Carrier violated the A gregment
when the Carrier assigned a Machinist "to dismantle the component parts of
the Bar Mill Furnace" (Statement of Claim): the Organisation makes this
contention based on Employes' Exhibit A:
"October 10, 1974
Mr. William B. Mochrie, Jr.
General Chairman
Kindly be referred to your note about the deck
plates and steps, some was scrapped and some was put
Form 1 Award No. 7096
Page 2 Docket No. 6941-T
2-C&O-BM-'76
"in the Boilermakers Stock for reclaim but as yet
we never have used any of it for any job so far. I
hope this will help you in some way.
Fraternally yours,
Earl V. Gibson
Local Chairman!'
The Carrier contends that under Rule 55 of the Agreement it is the
Carrier's sole prerogative to assign scrapping work. Furthers the Carrier
refers to United States Railroad Labor Board Decision, Docket 1877 dated
June 6, 1924, Interpretation of Rules 7, 33$ 55 and 81, wherein it was held
that scrapping work of machinery may properly be performed by Machinists.
The Machinists filed a Third Party Submission in which they support
the Carrier's contention on the meaning and applicability of Rule 55.
First of all there can be no doubt that what took place in the instant
case was the scrapping of a piece of shop machinery, the Bar Mill Furnace. We
find that there is no specific language in Rule 79 of the Agreement which gives
the scrapping of a piece of shop machinery to the Boilermakers. Nor have the
Boilermakers alleged or proven a system-wide practice which would entitle them
to,such work.
We find that Rule 55 is the properly applicable rule for the instant
case,. It states:
"Work of scrapping
engines, b
oilers...or other
machinery will be done by crews under the direction
of a mechanic."
We find that Rule 55 does not specify which craft or class of employes shall
perform the actual work of scrapping. Therefore the Carrier is entitled to
make the appropriate assignment based on factors such as past practice and the
United States Railroad Labor Board decision referred to above.
The fact that some component parts, that is some deck plates and steps,
were later put into the Boilermakers' Stock for reclaim (Employes' Exhibit A)
is of no contractual consequence in this case. The fact is that the piece of
shop machinery was scrapped, and the Carrier properly used a member of the
Machinist Craft to perform the scrapping work.
Form 1
Pa ge 3
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award
No. 7096
Docket No. b941-T
2-C&O-BM-'7G
A W A R D
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
~osemrarie Brasch - Administrative
Assistant
Dated
at Chicago, Il.linoisp this 14th day of July, 1976.