Form 1 NATIONAL RAILROAD ADJUST14E1VT BOAR Award No. 7709
SECOND DIVISION Docket No. 7503-T
2-MF-MA-'78





Parties to Dispute:
i



Dispute: Claim of '~-,ployes:





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 -.ri this d:i_spute are respectively carrier and employe 5,Tithin 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.



The claim is based on an alleged violation of Classification of Work Rule 52(a) and Assignment of Work Rule 26(a). The alleged violation occurred when Carrier assigned employees other than machinists to perform the work of changing a tire on a forklift truck.


to specifically cover. the work in question. They argue that "maintaining
machinery and other .,hop machinery"is specifically covered. We cannot
agree. The reference in the employees' submission to those sections of
Rule 52(a) pertain-In- repairing of machinery and other shop machinery
must be read in context of -the entire rule.
Form 1 Award No. 7709
Page 2 Docket No. 7503-T
2-MP-MA-'78
"RUTTLE 52. (a) 14achinists' work, including regular
and helper apprentices, shall consist of laying out, fitting,
adjusting, shaping, boring, slotting. milling and. grinding
of metals used in building, assembling, maintaining,
dismantling and installing machinery, locomotives and engines,
(operated by steam ox other power), engine inspecting; pumps,
engine jacks, cranes, hoists, elevators pneumatic and hy
draulic tools and machinery, shafting and oth-er shop
machinery, ratchet and other skilled drilling and reaming
except on drill presses; tool and die making, tnol grinding,
axle truing, axle, wheel and tire turning and boring; air
equipment, lubricator and injector work; removing, replacing
grinding, bolting and breaking of all joints on exhaust pipes
and super-heaters; oxyacetylene, themit and electric
welding on work generally recognized as machinists' work; the
operation of all machines used in such work; machine and link
grinding and passenger motor cars; removing, repairing and
applying trailer and engine trucks and parts thereof; cab stands
or sheets, waste sheets, r.znningboard brackets, headlight
bracket,, hand rail brackets, smoke stack saddles, smoke
stacks, sand boxes and done castings; locomotive spring and
spring rigging work, driver brake and brake rigging; and all
other work generally recognized as machinists' work. Ma-chin-lists
may connect and disconnect any wiring, coupling, or pipe
connections necessary to maf.e or repair machinery or equilxrient.


We do riot find the work which is the subject of this claim to be specifically reserved by the rule.

The organization has also a11e;ed that the past practice on this Carrier was such as to vest the work of changing fork lift tires in the machinists. l%here past practice is alleged it is encvxnbent upon the organization to bear the burden of proof. We have carefully considered the record ii. this case and find the organization to have failed to meet the burden imposed upon it in this regard. Fast practice remains an unproved assertion. We mast deny the claim.





    Claim denied.


                          NATIOPLkL RAILROAD ADJUST1,.ENT BOARD

                          By Order of Second Division


Attest: Executive Secretary
. 12l,onal Railroad Adjustment Board

      .f.·_· .,,_..

      C~;~G1~laX'1C-7 rct;Cff -° 7~.'Fill.'U-.STi;.'cLG:L.'vrt~57.:aav~


Dated f/at Chica;o, Illinois, th:i s 1s-L day of ~Ioz),e2:nber, 1978.