Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7135
 SECOND DIVISION Docket No. 6951_T
 2-C&EI-MA-'76

(International Association of Machinists Parties to Dispute: (and Aerospace Workers, AFL-CIO

Dispute: Claim of Employee:









Findings:
The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 The carrier or carriers and tie employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 27., 193+.

 This Division of the Adjustment Board has jurisd3cation over the dispute involved herein.


Form 1 Award No. 7135
 Page 2 Docket No. 6951-T
 2-C&EI-MA-'76

 propelled by a gasoline engine, and transport people and equipment. Upon delivery, machinists were instructed to "check the Buggies out" and prepare them for operation; performing the following services:











The Organization asserts that on May 15, 1973, Carmen taste observed, doing similar work on the "Dune Buggies", and submitted a claim.

 The employees contend that Rule 22, 40 and 41 give them the exclusive right to perform regular maintenance duties on the Dune Buggies,


        'Any man who has served an apprenticeship or has had four (4) years' experience at the machinists' trade and who, by his skill and experience, is qualified and capable of laying out and fitting together the metal parts of any machine or locomotive, with or

-, without drawings, and competent to do either sizing,
        shaping, turning, boring, planing, grinding, finish

        ing, or adjusting the metal parts of any machine or

        locomotive whatsoever, shall constitute a machinist.

Form 1 Award No. 7135
 Page 3 Docket No. 6951-T
 2-CmL-MA-' 76

                      RULE 4I..

                    Classification of Work.


        "Machinists' work shall consist of laying out, fitting, adjusting, shaping, boring, slotting, milling and grinding of metals used in building, assembling, maintaining, dismantling and installing locomotives and engines (operated by steam or other power), pumps, cranes, hoists,.elevators, pneumatic and hydraulic tools and machinery, scale building, shafting and other shop machinery, ratchet and other skilled drilling and reaming; tool and die making, tool grinding and machine grinding, axle truing, axle, wheel and tire turning and boring; engine inspecting; air equipment', lubricator and injector work; removing, replacing, grinding, bolting and.breaking of all points on superheaters; oxy-acetylene, thetmit and electric welding on work generally recognized as machinists' work; the operation of all machines used in such work, including drill presses and bolt threaders using a facing, boring or turning head or milling apparatus; and all other work generally recognized as machinists' work. On running repairs machinists may conr~;ect or disconnect arty wiring, coupling or pipe connections necessary to make or repair machinery or equipment.


        This rule shall not be construed to prevent engineers,

. firemen and cranemen of steam shovels, ditchers, clam
        shells, wrecking outfits, pile drivers and other similar

        equipment requiring repairs on line of road from making

        any repairs to such equipment as they are qualified to

        perform."


Citing Carmen Rule 98 to substantiate their claim; the Org4Wization states that said rule makes no reference to any type of work on engines,

    Carmen Rule 98 states:


                  Classification ·of Work.


          Carmen's work shall consist of building, maintaining,

Form 1 Award No. 7135
 Page 4 Docket No. 6951-T
 2-C&a-MA-' 76
 dismantling, paintings upholstering and inspecting
 all passenger and freight cars, both wood and steel,
 planing mill, cabinet and bench carpenter work,
 pattern and flask making and all other carpenter work
 in shops and yards, except work generally recognized as
 bridge and building department work; carnaen's work in
 building and repairing lever cars hand cars and station
 trucks, building, repairing and removing and applying
 locomotive cabs, pilots, pilot beams, running boards, foot
 and headlight boards, tender frames and trucks; pipe and
 inspection work in connection with air brake equipment on
 freight cars; applying patented metal roofing; operating
 punches and shears doing shaping and forming; work done
 with hand forges arid heating torches in connection with
 carmen's work; painting, varnishing, surfacing, decorating,
 lettering, cutting of stencils and removing paint on
 passenger cars (not including use of sand blast machine
 or removing in vats); all other work generally recognized
 as painter's work under the supervision of the locomotive
 and car departments, except the application of blacking
 to fire and smoke boxes of locomotives in engine houses;
 joint car inspectors, car inspectors, safety appliances
 and train car repairers; oxy-acetylene, thermit and electric
 welding on work generally recognized as carmen's work;
 and all other work generally recognized as carmen's work."

 The Carrier denies that regular maintenance of "Dune Buggies" is exclusively'the machinist's duty, and notes that the.Agreement cited by the Organization was written thirty years before "Dune Buggies" were operated. Moreover, it maintains that the only applicable portion of Rule 41 is the general provision. See, for example, Third Division Award 14284 and Second Division Award 5031, indicating that under the general provision of a rule, the employees must show the work was theirs exclusively.

 It is well documented, and long recognized, that this Board determines factual disputes based upon the manner in which the dispute was handled on the property. Initially, Carrier advised that the bases for the claim was not specific. In reply, the employees submitted, to the Director of Tabor
 Form 1 Award No. 7135
 Page 5 Docket No. 6951-T
 2-c&EI-MA-' 76

 Relations, specific information showing that on May 15, 1973 Carmen "...removed wheel from front-end, adjusted shocks, removed spark plugs, added oil and greased..." Carrier did not rebut that assertion.

 In its submission of the matter to this Board, Carrier has raised a number of defenses, suggesting that Rule 41 does not extend to this type of off-track equipment; lack of exclusivity, etc.

 Not only does Rule 41 state that machinists are responsible for "lubricator and injector work", it spells out a broad spectrum of maintenance duties. We feel that the employees made a sufficient showing, on the property, to establish a prima facie case of a violation of the specific terms of Rule 41. Under those circumstances, the fact that "Dune Buggies" were new pieces of equipment is not dispositive.

 Certainly, Carrier may rebut the prima facie showing, and, as rioted, it raised certain concepts before us in an attempt to do so. Hut, Carrier's "on-property" handling wa"6 basically conclusionary in nature and not . directly pertinent so as to provide us with a basis to find a successful rebuttal.

 Of course, this Board may not engage in speculation. Accordingly, we will sustain the claim only to the extent of work performed on May 15, 1973.

 We stress, of course, that this Award is limited to this record before us, and the failure to rebut, on the property. It does not contemplate other disputes not properly before us.

                      AWARD


    Claim sustained to the extent 'stated in the Finding, above.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

 BY ·.
    o

                    A_~ laej

    semarie Brasch - Administrative A sistant


Dated at Chicago, Illinois, this 21st day of September, 1976.