Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7198
SECOND DIVISION Docket No.
7009-T
2-SOU-SM-'76
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award eras rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
(
( Southe:rn Railway Company
Dispute: Claim of Employes:
1. On or about September
3, 1974,
the Carrier removed work which
Sheet Metal Workers always normally performed by past practice
and Classification of Work Rule, and assigned Carmen to perform.
2. That the Carrier be ordered to compensate Sheet Metal Worker
H. N. Coward for fifteen (15) hours at time and one half rate
of pay.
Finding s:
The Second Division of the Adjustment Board, upon the whole
r~:c~c~ J°« and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved
dispute are respectively carrier and employe within the meaning of til-e
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.
The Organization claims that work performed in installing anemostats
in passenger cars belongs to Sheet Metal Workers rather than Carmen and is
requesting payment for such work performed by Carmen on and after September
31, 1974.
In their third-party argument, Carmen claim that this work belongs to
their craft, except when such equipment is fastened directly to a duct.
On the record, this Boat°d finds there has been an unresolved jurisdictional dispute between the Sheet Metal Workers and the Carmen concerning
this work since at least
196<a.
In view of this, resolution of the dispute
is covered by
1946
Disposition of Jurisdictional Disputes Memorandum of
Understanding and is not subject to adjudication by this Board.
Form 1
Page 2
Award No.
7198
Docket No. 7009-T
2-SOU-SM-'76
The remaining question is whether the Carrier violated Section (1) A
of the Memorandum of Understanding when it assigned the work on the date in
question to Carmen. This section states, "If a craft is doing the work,
it will continue to do it" until and unless an agreement between the crafts
involved requests a change. From the record presented by the Sheet Metal
Workers, the Carmen, and the Carrier, this Board finds evidence to show that
Carmen had been sufficiently performing this limited aspect of anemostat
installation so as to warrant continuing assignment by the Carrier to the
Carmen until and unless some final. resolution of the matter is achieved
as prescribed by the Memorandum of Agreement.
In this conclusion, this Board finds Award No. 6809 (O'Brien)
particularly pertinent.
A W A R D
Claim dismissed and denied per Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad. Adjustment Board
9
01
By
s arie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of December,
1976.