Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8056
SECOND DIVISION Docket No. 7502-T
2-SOU-CM-'79
The Second Division con:>isted of the regular members and in
addition Referee Ralph W. Yarborough when award was rendered.
( Systc..m Federation No.
21,
Railway Employes'
( Department, A. F, of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Southern Railway Company
Dispute: Claim of Employes:
1. That under the controlling Agreement, work belonging to the
Carmen's Craft as covered in Rule 132, Carmen's Classification
of Work was improperly assigned to the Craft of Machinist at
Coster Shop, Knoxville, Tennessee on January
19, 1976.
2. That accordingly the Carrier be ordered to pay beginning January
19, 1976
Cayman C. E. Gentry, eight
(8)
hours per day for each
Monday and Tuesday, Cayman J. T. Mitchell, eight
(8)
hours for
each Wednesday and Cayman H. C. Keener, Jr., eight
(8)
hours for
each Thursday and Friday until the violation is corrected.
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,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
Early
in 1976
Carrier began a modification program of the "ABD" release
valve portion bottom cover of triple valves. The modification was to be
accomplished by drilling out the worn cavity and inserting a nylon sleeve.
On January
19, 1976,
the Carrier held a joint meeting with the Carmen's
Organization and the Machinists' Organization to determine how the work was
to be accomplished. It was agreed that the Carmen would insert the nylon
sleeve into the boring, but no agreement was reached in respect to which
craft would do the boring. The Carrier assigned the work to Machinists.
Foam 1
Page 2
Award No.
8056
Docket No. 7502-T
2-SOU-CM-179
It is clear this is a jurisdictional dispute within the meaning of the
November 23,
196
Agreement. In Second Division Award
6809,
we stated;
"When (a jurisdictional dispute) occurs, the Memorandum of
Understanding requires Carrier to maintain the status quo
relative to which craft is doing the work, and it cannot
attempt to settle the dispute 'unless and until the two
Local Chairmen involved or the two General Chairmen of the
crafts involved make an agreement and request that the work
be changed'. We construe this Understanding as precluding
Carrier from reassigning the disputed work unless and until
the competing crafts reach an accommodation respecting which
craft is entitled to the mock. There is no provision contained
in this Understanding that should the crafts fail to reach
agreement then this Board shall settle the dispute. And we
deem it beyond our ,jurisdiction to add such a provision to
the Memoranda_`
The Carmen and Sheet Metal Workers insist that the intent of
the Railway Tabor Act will be frustrated if we refuse to
assume jurisdiction over the dispute. Conversely, said intent
would also be frusta.^ated if this Board completely disregarded
a clearly written, duly negotiated Agreement entered into by
the parties hereto for the orderly settlement of jurisdictional
disputes. If the parties no longer wish to abide by the procedure
enunciated in the November 23,
19+6
Memorandum of Understanding
then it is incumbent; upon them to rewrite said Understanding.
Until such time, this Board will apply the Memorandum as written
and decline to entertain jurisdiction over the jurisdictional
dispute,"
We find the principles enunciated in Award
6809
sound. Inasmuch as
the crafts involved have failed to reach an agreement in respect to the
disputed work, the Board cannot accept jurisdiction. The claim is dismissed.
A WA R D
,Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By ie _Bra_sch _
- Administiqtive Assistant
Date=hicago, Illinois, this 29Th day of August, 1979.