Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7270
SECOND DIVISION Docket No. 7120-T
2-SCL-SM-'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. The Seaboard Coast Line Supervisor at Florence, South Carolina,
assigned Maintenance of Way employes to repair water (pipes)
stands at passenger station, Florence, South Carolina.
2. That the Carrier be ordered to ccmpensate sheet metal workers
of local
449,
Florence, South Carolina, sixty four
(64)
hrs.
at time and one-half rate of pay, also two (2) hrs. and forty
(40) minutes same rate for each additional violation.
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 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 dispute
involved herein.
Parties to said dispute-were given due notice of hearing thereon.
The work involved in this dispute involves repairs to water stands at
the Carrier's Florence, South Carolina, passenger station. The Sheet Metal
Workers claim that their Classification of Work Rule (Rule
85)
covers the
work, as follows:
"Sheet Metal Workers' work shall consist of tinning,
coppersmithing and :pipe-fitting in shops, yards,
...
the bending, fitting, cutting, threading, brazing,
connecting and disconnecting of air, water, gas, oil
and steam-pipes;
..."
Form 1 Award No. 7270
Page 2 Docket No. 7120-T
2-SCL-SM-'77
On the other hand, the third party respondent claims that its Maintenance
of Way agreement covers this tirpe of work in its reference to Water Supply
Mechanics, Water Supply Helpers, and Water Service Repairmen in various
points within its Rules. The =Facilities which were being repaired were
originally built by Maintenance of Way employes.
While the Organization has shown that the type of work (i.e., pipe work)
is within its Classification of Work Rules, it has not shown that such work
is reserved exclusively to the Sheet Metal Workers' craft. The evidence
presented as to which group of employes have worked in the past on the
water stands at Florence, Sout'z Carolina, is somewhat contradictory.
The matter cannot be resolved solely on the basis of the respective
agreements of the Sheet Metal Workers and the Maintenance of Way employes
with the Carrier, since both agreements can be read to encompass this type
of work. In view of this, it -would then be necessary for the Sheet Metal
Workers to show that this is work normally and customarily performed by
its craft, and not
by
others. This the evidence fails to support clearly.
This is a matter fox which the procedure for solution of jurisdictional
disputes is applicable. The Organization, however, states that the
jurisdictional dispute Agreement of December 20, 1967, to which it is
a signatory, does not include the Brotherhood of Maintenance of Way Employes.
The Board finds that this does not make it inappropriate in this instance.
The Agreement of December 20, 1967, reads in part:
"Where there is a conflict in specific items of work
between the shop crafts and other organizations, it
is agreed that no changes will be made by the Company
in the practices of performing such work that were in
effect prior to the merger until such conflicts are
settled.
The organizations will present to management their
proposals for settlement of such conflicts or disputes,
and the management will accept any reasonable proposal..."
Emphasis added
On May 23, 1968, the Maintenance of Way Employes signed a similar
Agreement, calling for resolution by "the different Organizations involved",
of such jurisdictional matter;.
The Board thus finds that; the present dispute is subject to the terms
of the jurisdictional dispute procedure. Further, the Board does not find
that the Carrier "changed" its practice in reference to the repairing of
water stands.
Since it cannot demonstrate exclusive jurisdiction either by its
Classification of Work rule or by unquestioned past practice, it is
Form 1
Page
3
Award No. 7270
Docket No. 7120-T
2-SCZ-SM-'77
incumbent on the organization to seek relief through the Agreement of
December 20,
1967.
Since this has not been attempted, the matter is
improperly before this Board.
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Ad.justment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
,emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of April,
1977.