Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 71+1
 SECOND DIVISION Docket No. 6957-T
 2-TP-MProfNO-MA- "76


( and Aexorpace Workers
 Parties to Dispute:
 ^ T _ "
 Texas F'acifi~ --Nissouri Pacific Terminal
 ( Railroad of New Orleans ,

 Dis-putq: Claim of EUloyes:'




















Form 1 Award No. 71+1
 Page 2 Docket No. 6957-1
 2-TP-MFrofNO-MA-'7E
Findings:
The Second Division of the Adju:~twent 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., 193+.
This Division of the Adjustment Board has jurisdiction over the dispute
 involved herein. " -

The, Organization claims that Carrier eXbitrarily violated the Agreement when it failed to designate Claimant to we~d flat spots on number 4 wheels an the assigned unit number 483, New Orleans, Louisiana, February ~, 197+.
Citing Rule 22 and 41, the Organization asserts that said rules establish clear authority fox the Claimant to perform the duties in dispute:





, pneumatic and hydraulic ~QOl.s and ma~hznery~ scale building in















Form 1 Award No. 71-1
 Page 3 Docket No. 5957-T
 2-TP-MFTofNO-MA-'76
 "por`e.3°m tine wox°',: which was generally ,recognized as work belonging
 to that craft prio~ tea in-!:,,c:.:,,_;-~ion of such processes, except the
 use of cutting torch z;..='rlen eagaged in wx°-ecking service. At points
 where there is not sufficrieYa.-Ls welding for a member of each craft
 at the point employed, a w~e_~?<x° ox welders of any craft may do the
 welding for all crafts.
 (g) When performing the :~bcr~--- work fox' four (4) hours ox less in




Although the Organization concedes the Carmen may have, upon occasion, performed these duties, it cites Award x+501 and 19100 in support of its position that repeated violations do not amend rules.

 The Carrier, however, maintains that these duties were properly performed by the Carmen. Rule 41, according to the Carrier, does not specifically confer the work in question to Machinists, and thus, the only basis for relief would be under the "general" provisions of the rule. Carrier cites numerous Awards which demonstrate that under those circumstances the Claimants must establish the "exclusive" right of the work. (See Awards 1808, x+031, x+259 and 5928).



We are not able to find that the employees satisfied that burden of proof.

    Claim dismissed.

orm 1 Award No. 71+1_
 Page 4 Docket No. 6957-T
 2-TP-METI'ofNO-MA-' 76
 NATIONAL RAILROAD ADJUSTMENT B04RD
 By Order of Second Division

 Attest: Executive Secretary
        National Railroad Adjustmer~t Board


By _ ~
 'To emarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 8th day of October, 1976.
 Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 71+1
 SECOND DIVISION Docket No. 695`T-T
 2-TP-MPTofNO-NLA-' 76

    The Second Division coYisistea c: f the regular members and in addition Referee Joseph O. 5ic:~:..L;~, when award was rendered.


                    ( Internai,ion:~.l .t-Lssociats.on of Machinists and Aeros-ace Workers

Parties to Dispute: (
 ----~-- (
                  Texas Paci"i~-imlissouxi Pacific Terminal

                  Railroad of ~,'ew Orleans


Dispute: Claim of EUloyes:
        1. That the Carrier having assigned other than the Machinist craft to weld flat spots on number 4 wheels on their assigned unit number x+83, New Orleans, Louisiana, Sunday, February ,3, 197+ was in violation of the contxQllingAgreement on the property,. as follows: ,


        RULE 41 - CLASSIFICATION OF WORK '


            (a) "Machinist work shall consist of laying out, fi~ting, 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) engine inspecting; pumps, cranes, hoists, elevators, pneumatic and hydraulic tools and machinery; scale building in -hops;-shafting and other machinery, ratQhet, and other skilled dxilling;.and;reaming, tool and die making,

            ,..t;`ool gxiriding,:and machinewgxinding, axle turning, axle,

            .wheel- and. tire turning' and boring; air equipment, . lubricator and injec ox work, removing,- replacing, Erinding, polting and breaking. of all joints on superheatex~s; oxy-aGetylene,

            . thermit, and electric welding on work generally recognized

            As machinists' work, the operation. of all machines used in

            such work, including drill.prepses and bolt threaders using

            a facing, boring ox turning head or milling apparatus;

            and all other work general recognized as machinists' work".

            Emphasis supplied


        RULE 22 - ASSIGNMENT OF WORK'


            (a) "None but mechanics ox apprentices regularly employed as such_ shall do mechanics' work as per the s cial rules of each

            craft " Emphasis, supplied .


        2. That in restitution, the Carrier be ordered to reimburse Machinist E. G. Rivexo for seven (7) hours at the applicable punitive rate of pay from 3:00 P.M. until 10:00 P. M., Sunday, Feb~u.axy 3, 197+, fox work entitlement he was justly due and denied by the Carrier under the controlling Agreement that being the consolidated Shop Crafts Agreement effective date of August 1, 1969.

Form 1 Award No. 71+1
 Page 2 Docket No. 6957-T
 2-TP-MF'rofNO-MA-'7E
 Findings
 r

 The Second Division of the Adju~t~xier~t 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 arid employe within the meaning of the Railway Labor Act as approved June Ll, 193+·

 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 Organizatipn claims that Carrier arbitrarily violated the Agreement when it failed to designate Claimant to we~d flat spots on number 4 wheels on the assigned unit number x+83, New Orleans, Louisiana, February ~, 197+.

    Citing Rule 22 and 41, the Organization asserts that said rules establish

c'Lear authority fox the Claimant to perform the duties in dispute:

        "Rule 41 - CLASSIFICATION OF YORK


(a) "Machinist 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 an4 engines (operated by steam or other power), engine inspecting; pnzrnp$, epa.Mep, hoists, elevators, pneumatic and hydraulic ~qoXs and ma~hsnery; scale building in v shops; shafting and other machinery, ratchet and other skilled drilling and reaming, tool and. die mak~ng, tool grinding and machine grinding, axle turning, ax~e, whee~ and tire turning and bqring; air equipment; lubricator arid, injector work; removing, replacing, grinding, bolting, and breaking of all joints on superheaters; oxyacetylene, thermit, and electric welding on work generally recognized as machinists work, the operation of a,1l

 machines used in such work, including drill presses and bolt threaders using a facing, boring ox' turning head or milling apparatus; and all other work generally recognized as machinists' work."'

 "Rule 22 - ASSIGNMENT OF WORK

 (a) 'None but mechanics or apprer~tices regularly employes as such shall do mechanics' work as per the special rules of each craft...'

 (f) In compliance with the special rules included in this agreement none but mechanics and their apprentices in their respective crafts shall operate oxy-acetylene, thexmit, or electric welder; where oxy-acetylene or other welding processes are used, each craft shall
 Form 1 Award No. 71+1
 Page 3 Docket No. 6957-T
 2-TP-MPTofNO-MA-'76
 "~Lx°v'u~·m sue wox'r. which was -enerelly recognized as work belonging
        to that - raft prior to iwt: -c..'~:~aian of such processes, except the

        use of cutting torch when E°~=.f7aged in -wrecking service. At points

        where there is not ,3Uff4Cjerj.t, welding fox a member of each craft

        at the point employed, a we:~ dex° or welders of any craft may do the

        welding for all crafts.


        (g) When performing the itci- work for four (4) hours ox less in

        any one day, employer will-I 'r, paid the welder's rate of pay on the

        hourly basis, with a minimum of one t;1) hour; for more than four

        hours in any one day, v~reld~xs' rate of pay will apply for that

        day."


Although the Organization concedes the Carmen may have, upon occasion, performed these duties, it cites Award +501 and 191.00 in support of its position that repeated violations do not amend. riles.

 The Carrier, however, maintains that these duties were properly performed by the Carmen. Rule 41, according to the Carrier, does not specifically confer the work in question to Machinists, and thus, the only basis for relief would be under the "general" provisions of the rule. Carrier cites numerous Awards which demonstrate that under those circumstances the Claimants must establish the "exclusive" right of the work. (See Awards 1808, x+031, x+259 and 5928).

    Third Division Award. 14384 states, in pertinent part:


        "The ultimate issue in this case is whether the work involved is '... generally recognized as signal work.' TI·is Board has consistently held that the Employes cannot estaY,~l_sh an exclusive right to work that is not expressly reserved to them by the terms of their Agreement without affirmatively proving that the specific work involved has been performed by them during a controlling period in the past. See Awards 133+7 (Hutchins), 11799, 11800, 11801, 12073 (Dolnick), 13336 (Dorsey), and 13691 (0'Gallagher)."


We are not able to find that the employees satisfied that burden of proof.

                        A W A R D


    Claim dismissed.

Form 1 Award No. 71L)_
 Page 4 Docket No. 6957-T
 2-TP-MFTofNO-MA-' 76 ,_~,7r
 NATIONAL RAILROAD ADJUSTMENT BOARD
 BY Order of Second Division

 Attest: Executive Secretary
 National Railroad Adljustnilent- Board

 BY
      otemaxie Bxasch - Administrative Assistant'


Dated at Chicago, Illinois, this 8th day of October, 1970.