Form l NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7995
SECOND DIVISION Docket No.
785+-T
2-ICG-BK-'79
The Second Division consisted of the regular members and in
addition Referee George E. Larney when award was rendered.
( System Federation No. 99, Railway Employes'
( Department, A. F. Of L. - C. I. 0.
Parties to Dispute: ( (Blacksmiths)
(
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. That the Illinois Central Gulf Railroad has violated the controlling
agreement particularly 1~u1e
97,
at Paducah, Kentucky by assigning
work to Machinists that is Blacksmith work under their classification of work rules and work historically performed by Blacksmiths.
2, That accordingly, the Illinois Central Gulf Railroad be ordered
to compensate Blacksmiths T. D2. Hooper, J. L. Moors, M. 0.
Thompson, and 2u. D. McCoy five
(5)
hours each at the pro rata
rate for being denied their right to weld plates on the side
pedestals of truck frames.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that: '
The carrier or carriers and the employs or employes involved in this
dispute are respectively carrier and employs within 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.
Four
(4)
Claimants of the Blacksmith craft contend its jurisdiction of
work was improperly encroached upon when, machinists in the truck shop at
Paducah., Kentucky were assigned and subsequently performed the work of
welding plates on the sides of pedestals on locomotive truck frames,
beginning April 29, 1977 through May 1+, 1977,
In the instant case, both Labor Organizations, the Blacksmiths, the
party at interest and the Machinists, the intervenor or third party, contend
their respective Classification of Work Rule grants them jurisdiction to
perform the disputed work of welding plates on the sides of pedestals on
locomotive truck frames. In support of their position, the Blacksmiths
Form 1 Award No. 7995
Page 2 Docket No, 7851+-T
2-ICG-BK-'79
assert that since
1927
when the Paducah Shops opened, the Blacksmiths have
always built up the pedestals and that any remodification by welding on truck
frames has always been Blacksmith's work. The Blacksmiths cite as additional
evidence regarding their jurisdiction over the disputed work a letter from
Carrier's Director of Personnel to the organization's Local Chairman dated
March 22, 1977, setting forth a settlement on claim of eight
(8)
hours
pertaining to the very same issue as that being considered in the instant
case and involving the very same two labor organizations. The letter
,reads in pertinent part as follows
"As settlement of the claim (i.e. machinists performing
blacksmiths work by welding plates on the side pedestals
on truck frames), I agreed to allow Mr. Stroud 8 hours
at the pro rata rate with the understanding that the
work in question is
blacksmith's
work." Parentheses Added.
The D4achinists take the very emphatic position that not only do the
Blacksmiths not have an exclusive right to perform the disputed work they,
in fact, have no right whatsoever to said work as such work is spscificaLly
reserved to Machinists by their Classification of Work Rule 61 which states
in relevant part:
"Rule 61. Machinists work shall consist of laying out,
fitting, adjusting, shaping, _ , metals used in
building, assembling, maintaining, dismantling and
_instaLling locomotives , , , oxy-acetylene, thernit and
electric welding on work generally recognized as
Machinists' work; ... ." (Emphasis by the 2.`achinists)
The Machinists argue that the above cited language in reference to work
on locomotives cannot be found in the Blacksmith's Classification of Work
Rule (Rule g7), or for that matter in any of the other Crafts' Classification
of Work Ruse. Thus, the Machinists contend that on the basis of their
Classification of Work Rule language, which they assert is clear and
unambiguous, they have jurisdiction of the disputed work. Furthermore, it
is the position of the P.Iach3.nists that the pedestal work in dispute has
contractually and historically been 'performed by Machinists at the Paducah
Shop. In contradiction to part of the Blacksmiths' position, the Machinists
assert there has not been any change in the method of accomplishing the
pedestal repair work. Machinists declare that pedestals were never built up
with a weld by Blacksmiths, and then machined to the actual size by
Machinists. Rather, the Machinists state, Carrier has acquired thousands of
diesel locomotive trucks since the early
:L950's
to the present time and
that a large percentage of the older trucks have been rebuilt and truck
pedestal plates/shims applied exclusively by Machinists at the Paducah Shop.
Form 1
Page
3
Award No. 7995
Docket No.
785+-T
2-ICG-BK-179
The Carrier takes the position that the Blacksmiths' Classification of
Work Rule (Rule g7), does not contain any language showing that the work of
attaching plates to truck frames is reserved to Blacksmiths. Absent such
language, the Carrier argues that the burden is on the organization to show
through an examination of history, custom arid tradition that the work in
question has been exclusively assigned to and performed by members of the
Blacksmith craft on a system-wide basis; and this, the Carrier asserts,
the Blacksmiths have failed to show. Furthermore, Carrier maintains that in
the past, other than Blacksmiths have welded plates on locomotive truck
frames. Carrier states that through past practice, it has been machinists'
work to weld metal plates on the sides of pedestals on locomotive truck
frames at the Paducah Shop. However, notwithstanding their recognition
that the disputed work has been performed by Machinists as a matter of past
practice, the Carrier refutes the rlachinists' contention too, that their
Classification of Work, Rule (Rule 61), grants then the exclusive right
to perform the work in question.
Finally, with respect to the Carrier's aforementioned March 22, 1977
settlement letter, Carrier argues the letter must be ignored for two reasons:
(1) As the Director of Personnel at the Paducah Shop is not the highest
officer designated by Carrier to handle labor disputes, such understandings
made by that person in the settlement of a claim does not establish precedent
for future claims of a similar nature; and (2) The content of the letter was
based on erroneous information received by the Director of Personnel from
various individuals in the shop.
After a thorough review of the record, this Board is persuaded that
neither Labor organization has, through their respective Classification of
Work Rule, been granted an exclusive right to perform the work here in
question. Notwithstanding either Carrier's March 22, 1977 letter resolving
the same issue in favor of the blacksmiths' craft or the record before the
Board is replete with assertion on the part of all parties here concerned,
we nevertheless conclude on the basis of past practice that the work in
dispute has been assigned and performed by members of the machinists' craft
at the Paducah Shop. Therefore, the Board finds the instant claim must b e
denied.
A W A R D
Claim denied.
Attest; Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
o narie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this
lath day of July, 1979.