Form 1 NATIONAL RAILROAD ADJUST2~IEId'I' BOARD Award No.
7963
SECOND DIVISION Docket No.
7846-T
2-BNI-SM-'
79
The Second Division consisted of the regular merr~)ers and in
addition Referee George E. Larney when award was rendered.
( Sheet T.htal Workers' International
Association
Parties to Dispute:
(
( Burlington Northern Inc.
Dis-
pute: Claim of
F~r:-,pl
oyes
1. The Carrier violated the provisions of the current agreement zr'rietl
they improperly ass:i_gned other than Sheep,; P:I°tal
Workers
to disco:;ucct,
cut, bend, fit and connect
3/18
:s_nch, 1
f
2 inch and
3 f
T+ inch oil
pipes on a. machine located in the new tvheel Shop at the Ffurliz~t.o:in
Northern Havelock Shop;:, on or a..`powt April
8, 9,
and 11,
1977.
2. That accordingly, the carrier ec:::-pensate Sheet Metal "v,,orkers
R. L. ?i:i.se« and ?.i. A. u.Iarshall each in the. wravnt Of tl,~Tenty eight
(28) hour,?, pay at the rate of -tL:~e and one half the prevailirZ 1-.-',-e
for the above stated dates.
F3.ndin~:~
The Second Division of the Adjustment Board, upon the whale record and
all the evidence, finds that:
The carrier or carriers and the ernploye or employer involved in this
dispute are respectively carrier and anploye .,zithin the meaning of the
Railway Labor Ant as approved June ?_l, 19311.
Th_1s Division of the Adjustment Bcard has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Two Claimants of the Sheet Metal craft allege they were denied the
opportunity to perform work at their trade, contractually reserved and
guaranteed them, when, on dates of April
8, 9,
and 11,
1977
respectively,
Carrier assigned employees of the Machinists' Craft to perform work
o11
a
bur nishirf; lathe machine located in the neir automated v:Theel Shop at Havelock,
Nebraska. As a result, C1 a~iraatxts request they each be compensated for twenty
eight (28) hours pay at the rate of tune and one-half (1 f) the prevailing
rate paid on the afar e:nentioned dates.
The instant dispute arose as a result of Carrier needing to have
corrective work done an a burnishing lathe so as to make the machine operabl^.
Carrier acquired the lathe from another of its shuns located at St. Paul,
Minnesota and shipped the mr.ch-i.ne to the Havelock vAleel Shop located at
Form 1
Page 2
Award No,
7963
Docket No.
781+6-T
2-BNT-SM-'79
Havelock, Nebraska,, omen received at Have7_ock, it was determined the lathe
was in inoperable condition requiring comm_fete rebuilding of its hydraulic
control system. Carrier arranged to have this work performed by an outside
contractor who completely redesigned and -modernized the machine. Specifically,
the work in4rolved the desi n anal renewal. of the hydr aul
a
c control panels,
COriSlStin" of xnani fo1.d, valves and piping. When the control panels were
received from the outside contractor, Carrier discovered they could not be
mounted to the original pump and reservoir of the lathe because the manifold
in each panel was turned ninety (g0) degrees from what 9.t should have beer...
Corrective measures vTe.-_ necessary to make the lathe operable and inasmuch.. as
the Carrier was not px·ez:ared to endure z`ur'the? delays in the machine's
operation, Carrier decv.ded to use their own employees to p°rfoxTn -the
required
work under the direction of the outside contractor. Carrier ass!Ened employees
of the I:=aeh:inist Craft to perfox2:^. t,he aforerientioned wor1r, which consistedof remov:i.nthe manifolds from e.aoh control pe-.nel, blocking or p3a? gin<g the
existing holes and dr:ii7.ling and twppi ng ncT~r ones on the. o7,)osite
-.:Ld
e of the
n ~_ ~ ~, _. ~ .e. T., e. ~ r. c 7
r
1
manifolds. In order to a:cco=pliStl these
(,c_._.__S :~
'~,N
necessary t0 disconnect
and reconnect steel h5=o?.ravli c lines runninS to -the manifolds and valves.
The Organization Lakes the position that the tasks involved in d:isconnecting and reconnecting the steel h;ra~aul.ic lines xwnning to the.
manifolds and valves constituted a preponderance of the i,-ork involved in
madi:E`y-in; 'she lathe and that these tasks are contract.ufj.1!y :reserved for the
Sheet Ivietal Craft under the Classification of Work IWle 71 of the Controlling
Collective Bargain--l_rg tyrce::~ent effective April 1, 1970. The Organization
supports ''its basic position by noting that in order to correct the control
system panels more than one hundred (100) oil pipes were disconnected, cut;,
bent, fit and reconnected and more than f:we hundred (500) pipe fitt:in~s wero
disconnected, fit and reconnected. The Organization argues there are no
exceptions to Rule 71 which would pex·rait other crafts to perform pipefittirg
work to oil pipes.
The Carrier takes the position that the tasks of di sconnec'tir_c, and
reconnecting the hydraulic lines wire incidental to the main task of
correcting the design error in the control panel's manifolds. Carrier does
not agree with the Organization's position that work performed on the
hydraulic lines associated with correcting the lathe, was contractually
reserved to the Sheet i.ietal Craft, as Rule 71 covering 'the Classification oz"
Work does not, the Carrier contends, include machines of the type such as the
burnishin; lathe hone in question. Carrier interprets i,'ule 71 to mean that
sheet metal workers z,ril:I. be used to reneTr and repair hydraulic lines in the
shop, when these lines are mounted on
walls, ceilings or floors, but when the
lines reach or are integral parts of machines, then machinists will be used.
More precisely, Carrier adopts the view that while TRU1e 71 r:a.~kes references
to pipes, the rule does not grant the exclusive right to sheet metal workers
to work on pipes wlxich are part of a machine. Notwithstanding its position
on the substantive issue here before the Board, it is the position of the
Carrier that the Board lacks jurisdiction over the instant claim because of
the Organization's failure to utilize available procedures on the property
Form l
Page
3
Award No
. 796
Docket No, 78+6-T
2-BNI-sM-'
79
to first settle the underlying craft jurisdiction controversy with the
Machinists' Organization.
The Tnternat:~.olial Association of i:'achini.sts and Aerospace Workers ~·,ecc
given notice
ox'
th:i s dispai;e pu_:csuant to Section
3
first (j ) of the Rail,-;sy
Labor Act, and did file a response,
Although tills Board is certain that the ta,<<?w,<.; associated irith correcting
the burnishing :i.a:t;l1o of disco?znscta.ng and leaotu:o~tinh;,edm.z~l:ic lvnes arc:
indeed tasks ~.c,~fcSTned by sileet rectal ?-;ox''-a.ers, we are not at
~,,.''13
eertwa2l
11-hat
these
S~i7(:~,
tasks
S.1'E- CUntY°3C'i;?'.%.Ily
reserved to the .5htE:Et IZeta1 Craft.
Undr:'i'
RuIC 71
O.n 1
the
coI?l:TOL.ing
dr;z'2E:.i:?ent.
~f*.il'c:Yl
the
iI1S.2.':t
C1;iCLL=:.-It.z?';fWGS,
8,S
the
7:'L'lC
does not ^TJeca.:E'j_CaIly riention
mE~G''.I:LnC:S
o1
tI?e:
type
,I,,Ch
a:> the
b'UY'n1sZl'__1~; lathe, 'tl:.':.-'c before us
:.~:Or
Cons'!
C.!e;r'.?.i:1U":'lC
i-;tt3.E:~ 7a_ is
u;i:Cl:f':i.C
however ?ihP_n it
CU:'_~eS t0 p~.'.1'" 0M:i_ng
such 'L:'c?.S1iS 0:1:
the Sheet
I:IE:'tal
trade
1'iLa.~n
a 1icrbl.e to :i;s a d
ahU yards, buildings.,
'.',>>SeIW'8:.'
CCa'W:1-,.eS and er'r*j_nFJS af
V,21l_
kinds.
Afi !':L7-lL'
71 v:n'a:earN
t0
Ire silent ?!~;.t}7 x`eg£ix'Cl
t0 Sa1.C`..
shryp machines
per , y .r
n .r.~l._~.
Bo-,rd ~ _a
v'~ G1YTO
claim ~ p
:]~iu~, ..:
C)_'..`
se.,
it
.s the . o~o:ina.o,Z a_ tr _tth
F~
22,~t_ i...:~
'1...,~
the jz.7r1 sdi cti ona1_ hind as tllu~,t cont:~:pla:ted unIe~°
FxLl.e
J3
of
the. Cont,roLlu.~;
Ag:cccn-e:lt of
Aprv.l
1,
1970.
As such,, thu 0?°J,qniz~,t:i.on should have proGcede?.
to resolve the cra:L't controversy first ~,r'. x,11 the Int~_-national Association
of
r.., . ~_s
taE..~,. } , ~ '~zuive bar-ain:Ln~s reyreseiltatisre of the erlp'!_o~;w°ens
1.~..,cllill~s~ sm::~_c;:~? aE ~.~c~ ,
assigned by Carz°-s e_r to Perfo>>m the ;mrh. In so rm1-.m "tha instant disp,-ite
ti
o ~ Gi' -p .:y ),ckY;
'~ir-·7rv-o
ack u'c .!
juri sc> G~;v_or.~,1
r.,G.,
c . , `his .~o~ 'd a o ° ._.. .~_s its :Lof j r i . d: _c ~i o.z t;~
consider the merits of the
:i.~2~
font clam :and thereby accordi21-ly dvsrn-isses
the c:Laan.
A W A R D
Claim dismissed.
PIAT1MML R1=iOAD ADJUSTihEiT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By _
~.p;USL'Tra,I7 a
.I5`'C1SCh
- ACL'`ii:L Y1,7.atrc`?.'t i ve At;S1.Stant
Date at Chicago, :Cl·7..inois, this lath day of June,
1979·