~~_rm 1 YATTOYAr. RATT.ROAD An,rrTSrr BOATM Award 76. 7260
SECOND DIVISION Docket No. 7102-T
2-SCL-Si·'I-'
77
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That on or about September 16, 1974, Foreman 0. A. Parkinson
instructed Machinist; Terry Gross to change rubber diaphragm in
sander relay on diesel locomotive engine 1201, at the west
Jacksonville, Engine!house, Jacksonville, Florida.
2. That the Carrier be ordered to compensate Sheet Metal Worker
J. 0. Parham for four
(4)
hours at time and one-half rate.
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 carr=_er 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 ifere given due notice of hearing thereon.
The issue in this clan :is a narrow one. The Organization, Sheet Metal
Workers'' International Association, dispute the assignment of an employee
represented by the International Association of Machinists to the work of
changing a rubber diaphragm in a sander relay of a diesel locomotive in the
Carrier's Engine House in West Jacksonville. No claim is mane for performance
of this work in the nearby air room maintained by the Carrier nor at other
points in the Carrier's system.
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party respondent, the Machinists claim that employees represented by them
nave also done sucn worK
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'before ;,+;. +hat either
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the sander relay repair work in the Engine House. Such evidence would be
required to sustain the organization's charge that the Carrier had "changed"
the work assignment in the Engine House.
Form 1 Award No. 7250
Page 2 Docket No. 7102-T
2-SCZ-SM-'77
In determining the Organ! zati.on's exc1-Lisive
ri
urtc ±n
the 7,7n"1_
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the
Engine House, reference to the classification rules applicable to the two
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"(a) 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; car brass boring (not broaching);
engine inspection, air equipment; lubricator and injector
work; removing, replacing, grinding, bolting and breaking
of all joints on superheaters; the operation of all machines
used in such work. Drill presses and bolt threaders using
a facing, boring or turning head or milling apparatus; oxyacetylene, thermit and electric welding on work generally
recognized as machinists' work as provided in Rule 27, and
all other work generally recognized as machinists' work.
(b) On running repairs a machinist may connect or disconnect
any part, pipe or wiring in order to make necessary repairs
to equipment.
(c) This rule cannot be construed to prevent engineers, firemen,
or cranemen of steam shovels, ditchers, clam shell, wreckers,
pile drivers and other similar equipment requiring repairs on
line of road from making such repairs on line of road as they
are qualified to perform."
Rule
85,
applicable to Sheet Metal Workers reads as follows:
"Sheet metal workers' work shall consist of tinning, coppersmithing and pipe-fitting in shops, yards, buildings, on
passenger coaches arid engines of all kinds, the building,
erecting, assembling, installing, dismantling (not scrapping)
and maintaining parts made of sheet copper, brass, tin, zinc,
white metal, lead, I lack, planished, pickled and galvanized
iron of 10-guage and. lighter, including brazing, soldering,
tinning, leading anc. babbitting (except car and engine truck
journal bearings where handled by foundry forces); the bending,
fitting, cutting, threading, brazing, connecting and
disconnecting of air, water, gas, oil and steam pipes; the
operation of babbitt, fires and pipe threading machines; oxy-
Form 1
Page 3
Award No. 7260
Docket No. '(102-r
2-SCL-SM-'77
"acetylene, thermit and electric welding on work generally
recognized as sheet metal workers' work as provided in
Pule ?_7, a,n~_ all other
T.Tork
c~ener~,IIy recocrn»ed ?,s
sheet metal workers' work."
The Sheet Metal Workers rely only on the catch-all phrase, "and all
other work generally recognized as sheet metal workers' work" as a basis
for their claim. The Machinists' classification rule, however, includes
the phrases: "maintaining, dismantling, and installing locomotives and
engines
...
engine inspection, air equipment". The sander relay being a
part of air equipment, the Machinists' classification has specific reference
to the work in question.
Ir, v'_e?~r of the mi::ed evidence ccrcer:anb Enginecuce pr a,c tice wand the
language of the Machinists' classification rule, it is unnecessary for the
Board to consider the Machinists' widespread performance of the work in other
locations or the availability of alternate means of resolving jurisdictional
disputes. Solid claim to the! work by the Sheet Metal Workers is simply not
proven to the satisfaction of the Board.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretan
National Railroad Adjustment Board
By
~~?AAW -.d
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois,
iris
20th day of March, 177.