Form 1 NATIONAL RAILROAD ADJUST14E1VT BOAR Award No. 7709
SECOND DIVISION Docket No. 7503-T
2-MF-MA-'78
The Second Divisicn consisted of the. regular members and in
addition Referee Robert A. Franden when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
i
( Missouri Pacific Railroad Company
Dispute: Claim of '~-,ployes:
1. That the Missouri Pacific Railroad Company violated the controlliR-.
Agreement, particularly Rules 26(a) and 52(a), when they arbitrariay
assigned other. than the I:=achinists' Craft to change a tire on
forklift truck #=30 on December 30, 1975.
2. That accordingly, the 2.Iissouri Pacific Railroad Company be
ordered to co-pensate 1achinist T. E. Burke in the amount of
four (4) hours' pay at the punitive rate of pay for a Machinist
for being denied. the rif ht to change the tire on forklift track
#30 on December 30, 1975.
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.
Parties to said dispute waived right of appearance at hearing thereon.
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.
The Organization would have us read the Classification of Work Rule
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.
We find that the Agreement was not violated.
A W A R D
Claim denied.
NATIOPLkL RAILROAD ADJUST1,.ENT BOARD
By Order of Second Division
Attest: Executive Secretary
. 12l,onal Railroad Adjustment Board
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Dated
f/at
Chica;o, Illinois, th:i s 1s-L day of ~Ioz),e2:nber,
1978.