_oxm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7323
SECOND DIVISION Docket No. 7107-T
2-SCL-SM-'77
The Second Division consisted of the regular members and in
addition Referee James C. McBrearty when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That on ox about September 3, 197+, Seaboard Coast Line Foreman at
Waycross, Georgia Shop, assigned taxmen to install the following
parts on office car #308.
1. Metal under arm on toilet seat.
2. Metal shroud around toilet.
3. Metal top to toilet.
Metal bracket to hold commode flush valve.
5.
Metal around flush valve in porter's toilet.
6.
Cover at back of toilet over flush valve.
2. That the Seaboard Coast Line Railroad be ordered to compensate
Sheet Metal Workers C. E. Waldron ID-139102, C. F. Aycock, R. J.
Brett, D. Cason, D. Sixmons and F. Aspinwall fox thirty-six (36)
hours each at time and one-half rate of pay.
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 ox 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.
Form 1 Award No. 7323
Page 2 Docket No. 7107-T
2-SCL-SM-177
Office Car 308 was in Waycross Shops for repairs on or about September
3, 197+. At that tune Carmen installed the parts listed above in the
Statement of Claim. As a result of Carmen performing this work, the Sheet
Metal Workers filed a claim on October 22, 197+ for thirty-six (36) hours
each at time and one-half in behalf of Claimants.
When the dispute was submitted to the Adjustment Board, the Brotherhood
of Railway Carmen of the United States and Canada, System Federation No. 42,
A.F.L. - C.I.O.. joined the dispute "as a vitally insterested third party."
The Carmen submit that the Sheet Metal Workers axe requesting the Board
to amend Rule No. 85, Sheet Metal Workers' Classification, of the controlling
Agreement, to give Sheet Metal Workers work that they presently do-not have
either by Agreement or past practice on the property of Carrier.
The record shows that the Sheet Metal Workers' claim letter to the
Carrier, dated October 22, 197+, stated the following:
"The misassignment of Carmen to do Sheetmetal Workers'
work outlined in Rule
85
has been in dispute before,
but is still being done. I would like ,to see this
matter settled, and Sheet Metal Workers be allowed to.
perform their work."
Moreover, in their submission to the Board, the Sheet Metal Workers
went on to say:
"The Carrier is arguing that they cannot change a practice
because of the letter of December 20, 1967. We have
argued with the Carrier that they have already changed a
practice when they assigned Carmen to perform work
involved in this claim." (Emphasis added).
Carrier, in its submission to the Board, makes the assertion:
"...
the Sheet Metal Workers axe seeking work which has
historically been performed by Carmen. If, in their
opinion, such work belongs to their craft, there is
a procedural remedy for settlement of such issues. The
December 20, 1967 Letter of Understanding
...
clearly
sets forth the procedure to follow . ... The Sheet
Metal Workers have failed to comply with the remedy
for settlement of items of work in dispute."
Form 1 Award DTo.
7323
Page
3
Docket No.
7107-T
2-SCZ-SM-'77
The Carmen in their rebuttal argue that:
"Fox the December
20, 1967
letter to be applicable
there would have to be a conflict between the Sheet
Metal Workers' rule and that of the Carmen. That
factor is not involved in this dispute. There is no
conflict in the rules. The Sheet Metal Worker's rule
does not cover work on any cars except passenger coaches.
The car involved was not a passenger coach."
"Notwithstanding the foregoing, the letter of understanding dated December 20,
1967
most assuredly does
not support the position of the Sheet Metal Workers
"Any jurisdictional dispute over this work then obligates
the Sheet Metal Workers by the very terms of this letter
of understanding to attempt to settle it with the Carmen,
including if necessary, asking fox a conference of all
interested parties. They have done none of this and are
accordingly, in violation of this letter of understanding."
Page 2 of the letter of December 20,
1967,
signed by the Carrier and
representatives of each of the Shop Craft organizations, contains, in part,
the following language:
"When the consolidated agreement becomes effective, it is
therefore agreed that where conflicts exist regarding
specific items of work in the classification of work rules
of the new agreement, no changes in the practices of
performing such work that were in effect prior to the
meager will be made by the Company until such conflicts or
jurisdictional disputes are settled."
"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
meager 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.
Rates of pay will not be a deciding factor in management's
acceptance or rejection of proposed settlements." (Emphasis
added).
Form 1
Page
4
Award No. 7323 '
Docket No. 7107-T rw°
2-SCZ-SM-`77
It is obvious, from the record before us, that a jurisdictional dispute
exists regarding specific items of work covered by the respective classification of work rules of the two organizations, each averring that the work
involved has been historically performed by employees in their respective
craft.
Based upon a thorough review of the record in this case the Board finds:
that a jurisdictional dispute does exist; that an agreed upon procedure was
established by all concerned parties for the settlement of such disputes;
and that the Sheet Metal Workers have not availed themselves of such procedure.
There are a host of recent Awards by this Division attesting to the fact
that this Board, under the circumstances described above, does not assume
jurisdiction over disputes between organizations and we are therefore
constrained to dismiss the claim. (See Second Division Awards 7296, 7255,
7199, 7198, 7092, 7059 7058, 6872, 686, 6825, 6809, 6765, 6763, 6759,
5793, 5789, 2931 and 27+7).
A W A R D
Claim dismissed.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT~BOARD
By Order of Second Division
emaxie Bxasch - Administrative Assistant
Dated at Chicago, Illinois, this 12th day of July, 1977.