Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7103
SECOND DIfISION Docket
No.
7258
2-SCZ-SM-t77
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( Sheet Metal Woxkers'Intexnational
( Association
Parties to Dispute:
(
( Seaboard Coast Line Railroad Company'
Dispute: Claim of Employes:
1. August Ll,
197+,
foreman at Florence, S. C., sent Machinist
Jack Williams to train #110 to add cooling water to diesel
locaanotive unit
#1781.
This being after Engineer called enginehouse advising that said unit needed cooling water.
2. That the Carrier be ordered to compensate Sheet Metal Worker
George Dunn for two (2) hours and forty (40) minutes 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 axe 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 Claimant, Sheet Metal Worker George Dune, is employed by the
Carrier at Florence, South Carolina. On August 71,
197+,
Mr. Jack William s,
a member of the Machinists' Craft, was required to add cooling water to
Unit
1781
on through Train 110, which was stopped at the north end of the
freight yard at Florence, in the process of changing train and engine
crews and picking up northbound cars. While we are not informed as to the
exact distance Train 110 was from the shops, the General Chairman stated
that
"...
the time to drive to the north end of the freight yard and back
far exceeds twenty minutes
...."
The Organization contends that the adding of cooling water to a diesel
unit in shops and yards at Florence belongs exclusively to members of the
Sheet Metal Workers' Craft. The Organization points to the Sheet Metal
Workers' Classification of Work Rule, Rule
85,
as Agreement support for
its contention:
"...
and all other work generally recognized as sheet metal
workers' work."
Form 1 Award No . 7+03
Page 2 Docket No. 7258
2-SCZ-SM-'77
The Organization submitted a statement signed by seventy-five employees
from all crafts stating that:
"We the Undersigned Shop Employees of the S.C.L.R.R., at
Florence, S.C. do state that Maintaining the proper
Cooling Water level in Diesel units in the Shop and the
Yards at Florence, S.C. is now and has been in the past
Sheetmetal Workers work."
The Organization submitted a copy of the locomotive repair, maintenance
and
inspection form
which Sheet Metal Workers are required to sign. It
states in part:
"Fill engine cooling system to proper level with engine
running. Check water treatment concentrations in engine
Fill toilet tanker "
The Carrier contends that Sheet Metal Workers are only required to
add cooling water to diesel units when such units axe in the shop and are
being prepared fox service, and that this is an incidental part of the
inspection of the cooling system and necessary repairs thereto. The Carrier
contends that there is no Agreement support for the Organization's contentions.
The Carrier contends that in the adding of cooling watex.to diesel units
outside the Shops all crafts have historically performed this service. The
Carrier submitted statements from supervisory personnel on the property and
before the Board in support of its position.
Rule 85 makes no specific reference to the adding of cooling water as
being Sheet Metal Workers' work. The Organization relies on the ". . and
all other work generally recognized as Sheet Metal Workers' work" clause
of the Rule as the contractual basis fox claiming the work. In interpreting
and applying such a clause, it is settled beyond question that the burden
of proof is on the Organization to show by custom, practice and tradition
that the work in question has been performed exclusively by the Organization
claiming it on a system-wide basis. See, fox example, Second Division
Awards 4971, 5151, 5316, 5361, 5576, 5928, 6867, 7020. The conflict in
evidence aside, the evidence presented by the Organization only relates to
Florence, South Carolina. We are compelled to find therefore that the
Organization has not met its burden of proof on the matter of an exclusive
system-wide past practice.
The form, Employes Exhibit "I", item 13, which is used in the Shop
in connection with locomotive repair, maintenance and inspection work,
confers no contractual rights to the Sheet Metal Workers to add cooling
water to a diesel unit on a through train located. in the north end of the
freight yard at Florence, which was in the process of changing train and
engine crews and picking up northbound cars.
Since the
Organization has
not met its burden of proof of an exclusive
system-wide practice, we are compelled to deny this claim. _
Form 1 Award No.
7+03
Page
3
Docket No. 7258
2-SCL-SM-X77
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTN= BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
o emaxie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 2nd day of December, 1977.