Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7642
SECOND DIVISION Docket No. 7156-T
2-SLSW-MA-178
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
(1) That the carrier, willfully and knowingly, violated Rule 43 of
the contract agreement when it assigned the operation of a
Freight Master Center Plate Refinishing Machine to employees of
the Blacksmith craft.
(2) That the carrier be ordered to assign the operation of the Freight
Master Center Plate Refinishing Machine to employees of the
Machinist Craft.
(3) That the carrier be ordered to pay claim for eight (8) hours
additional compensation each for two machinst for each day
blacksmiths operate the Freight Master Plate Refinishing
Machine commencing November 21, 1974, continuing until the work
is properly assigned such claim to be paid to Machinist A. R.
Moore and Machinist E. 0. Cathcart.
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 waived right of appearance at hearing thereon.
This claim involves the reclamation of the "bowl" area on truck bolsters.
Before 1973 some center castings were removed from the equipment, and taken
to the machine shop where a machinist used a standard boring mill to restore
them. The cocoon practice, however, was to remetal the worn surfaces
and then use a hand grinder to restore the castings. This latter work was
performed by Blacksmiths. This method was unsatisfactory so the Carrier
borrowed and then purchased two Freight Master Center Plate Refinishing
Form 1
Page 2
Award No. 7642
Docket No.
7156-T
2-SLSW-MA- ' 78
Machines which were placed in service on August
30, 1974.
This equipment
was operated by Blacksmiths in the Truck Shop. Essentially, this equipment
and its operation replaced the remetaling and grinding work previously
done by Blacksmtihs. It also eliminated the need to send any of the center
castings to the Machine Shop for restoration or boring mills.
The issue in this case is whether the assignment of the reclamation
work to the Blacksmiths was a violation of the machinist classification of
work rule
43.
This Board has reviewed numerous prior awards and the vigorous
dissents of our labor members who have considered these work classification
rules. These cases uniformly hold that such provisions are not equipment
rules. The mere fact that a specific tool is being used does not automatically bring the work within the scope of the rule. The organization
must first show that the work falls within the scope of the rule before a
violation of a work classification rule can be established. The term
"work" admittedly has numerous meanings. The language of Rule
43
and prior
awards provide little guidance for defining the infinite variety to tasks
performed by craft employees. Each case has been handled on an individual
basis. "Work", however, does not involve the use of an employee's ser-Nrices
to produce a specific result.
In this case, Blacksmiths historically have been primarily responsible
for restoring truck bolsters by grinding. Machinists, on the other hand,
have machined some center castings brought to the Machine Shop. With the
purchase of the new refinishing machines, both of these methods for
reclaiming truck bolsters have been replaced. The Blacksmiths, however,
continue to be responsible for restoring truck bolster center plates.
Historically, this work has been the responsibility of Blacksmiths. Since
Rule
43
does not expressly describe the work in question, the Organization
must show that this work was "generally recognized as machinist work on this
carrier". The record in this case, however, is to the contrary and shows
the Blacksmiths traditionally restored truck bolster center plates. This
Board therefore must deny this claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJLETMENT BOARD
By Order of Second Division
BY _ _
-ffo-stmarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of August, 1978.
LABOR MEMBER'S DISSENT TO
AWARD NO. 7642, DOCKET NO. 7156-T
The majority in Award No. 7642 has reached a conclusion
with astonishing rationale that is neither understandable,
even handed nor squaring with the facts of the record and the
applicable agreement provisions.
This neutral acknowledges that previous to the purchase of
this new machine, when this work item needed machining it was
perforated by a machinist using a boring mill ira chine. Previous
to the purchase of this machine the Blacksmith craft had only
performed minor repairs to this work item with hand tools as
needed. This fact was irrefutably proven by the petitioner and
actually confirmed by both the Carrier and the Third Party. The
' Carrier then acquired a portable boring mill machine, and assigned
it to the Blacksmiths in direct violation of the above accepted
past practices as well as agreement language governing such a work
process.
Even casual review and comparison of the two crafts'
classification by anybody, both unbiased and not a complete
novice, would dictate a conclusion that such a work process
utilizing a boring--mill machine was only covered by the
unambiguous language of the machinist Classification of work
Rule 43. The portability of a machine by no stretch of the
imagination removed it from the unambiguous language of this
rule. Then if past practice is reviewed it confirms the
prior previous assignment of this work item to the machinist
craft when machining was utilized. At no time in all of those
... 4ia.
previous years did this Third Party, nor any other, ever take
exception to this proper assignment.
All of this portrays deliberate misassignment of work by
the Carrier in violation of the agreement as well as past
practice, and the neutral becomes a party to this mischief in not ._
so holding. The neutral was furnished with countless prior
awards and precedents that correctly considered these work
classification rules and apparently which he chose to disdainfully
ignore in his irrational and erroneous conclusions.
Award No. 7642 is, therefore, erroneous and without value
as precedent, and to which this dissent is addressed.
A 9,
Ice
- 2 - LABOR
MEMBER'S DISSENT TO
AWARD NO. 7642, DOCKET 77_56-T