Form 1 NATIONAL RAILROAD ADJUST= BOARD Award PTo.
76.94
SECOND DIVISION Docket No. 7391-T
2-MP-SM-'78
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the controlling
Agreement, particularly Rules 21, 26(a) and 97 on March 27 through
April 3, 1975, when they improperly assigned Carman Painters the
duties of sanding and assembling Railroad Crossing signs,
Machinists performing pipe work in Power House.
2. That accordingly the Missouri Pacific Railroad Company be ordered
to compensate Sheet Metal Worker Frank Ellis eight
(8)
hours at
the punitive rate of dray on each of the following days - March 27,
28, 31, and April 1, 2, 1975, for such violations.
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 case is companion case to Docket Nos. 7389-T (Award No.
7618) and 7390-T (Award No. 7619) involving individual claims by the Sheet
Metal Workers that Carrier had improperly assigned certain duties within
its jurisdiction to members of another craft. In the instant case, the
claim is that Carrier, after having furloughed all Sheet Metal Workers,
improperly assigned Carmen Painters the duties of sanding and assembling
railroad crossing signs, which functions, Petitioner asserts should have
been performed by Sheet Metal Workers.
As noted in Award Nos 7618 and 7619, all Sheet Metal Workers
at Carrier's Sedalia, Mo. freight car repair facility were furloughed early
in 1975 during a force reduction occasioned by a decline in traffic.
Form 1 Award No.
76,9'
Page 2 D2ocket S ~o . 778391
-T
During this furlough period, Carrier assigned Carmen to assemble railroad
crossing signs in the Sign Shop. Petitioner claims such work had previously
been assigned to Sheet Metal Workers, who should have been recalled from
furlough to perform such work.
The essence of Carrier's position, detailed in Award No.
7618,
is that
there was insufficient work of the type described in the claim to justify
employing a sheet metal worker, and that under Rule 26(b) of the Agreement,
as amended by the National Agreement of September 25,
1964,
at points "where
there is not sufficient work to justify employing a mechanic of each craft,"
Carrier may assign the work in dispute to any of the crafts remaining on
the property capable of performing the work
The record in the case before us indicates that the work at issue was
not within the Sheet Metal Workers' exclusive jurisdiction and in any event,
the work required was insufficient to justify recall of a Sheet Metal Worker
on a full-time basis. Carrier stated, without contradiction, that for
about eight years prior to the period in question, railroad crossing signs
have been bought pre-cut, eliminating the need for cutting and sanding
formerly performed by Sheet Metal Workers. From
1974
on, Carmen alone have
assembled such signs.
Petitioner has the burden of proof to demonstrate that there was
sufficient work assembling railroad crossing signs to justify a full-time
employee, or that Rule 26(b) was not applicable under the circumstances, and
this Petitioner has failed to do. Petitioner has also not denied Carrier's
statement that Carmen alone have been assembling such signs since
1974.
Petitioner has, therefore, failed to make its case and, accordingly,
the claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjimtment Board
Rosemarie Brash - Administrative Assistant
Dated at'C'aicago, Illinois, this 25th day of October,
1978