Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7296
SECOND DIVISION Docket No. 707+-T
2-c&o-BM-t77
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( System Federation No.
4,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Boilermakers)
(
( The Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:.
1. That the Current Agreement was violated during March and April,
197+, when the Carrier assigned other than Boilermakers to
fabricate the frames for two (2) self-propelled spike distributing
machines at Barboursville, West Virginia, Maintenance of Way Shop.
2. That accordingly the Carrier be ordered to compensate Boilermakers
E. V. Gibson and J. E. Morris fifty-two (52) hours pay each at the
applicable pro rata 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 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.
Parties to said dispute waived right of appearance at hearing thereon.
The Organization (Boilermakers) claims that the Carrier wrongfully
assigned the work of fabricating the frames of two self-propelled spike
distributing machines to another craft (Machinists).
The Organizations relies on excerpts from Rule 79, its Classification of
Work Rule, but a reading of the entire Rule discloses no specific inclusion
of the work involved.
While the record indicates that identical work had not previously been
performed at the particular location, the Carrier stated without contradiction
that work of a closely similar nature had been assigned repeatedly to Machinists
in the past.
Form 1
Page 2
Award No. 7296
Docket No. 707+-T
2-C&O-BM-'77
The Organization produced no evidence to show that the Carrier had
unilaterally changed an established assignment of work. Absent such showing,
this matter becomes a jurisdictional dispute, governed by Supplement 6 of the
Agreement to which both the Boilermakers and the Machinists are parties.
Supplement 6 reads in part:
'...
in the. event of a jurisdictional dispute between
crafts, that this dispute must be taken up between the
crafts involved before such dispute is handled with
Management."
Since the Organization has not complied with this procedure, the matter is
prematurely before this Board and must, therefore, be dismissed. See, among
many others, Awards No. 682+ (O'Brien), 6872 (Twomey), and 7059 (Lamas).
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
"`Ro emarie Brasch - Administrative Assistant
x
Dated at Chicago, Illinois, this 17th day of May, 1977.