Form 1 NATIOI14L RAILRO,^iD ADJJSTP=7 BOARD A~,rard ZTo. 8118
SECOND DIVISION Docket No. 7660-T
2-SCZ-SM-' 79

The Second Division consisted of the regular members and in addition Referee Dana E. Eischen when award was rendered.

( Sheet Metal Workers' International
( Association
Parties to Dispute:

( Seaboard Coast Line Railroad Company

Dispute: Claim of -Emnloves:

1. On or about !,,'ay 27, 1976, Carmen at Savannah, Cleorgia, were

misassigned to install sander valves and repair air pipe on Seaboard

Coast Line's sand car SCL 7166860. ;Fork which Sheet Metal Xorkers

had formerly performed and r:ightflzlly belonged to Sheet Metal

Workers by contract.

2. That the Carrier be ordered to cor_pensate Sheet ?`,et al ~,lorker Floyd Gadson eight (8) hours at time and one-half rate of pa:?-.

Findings:

The Second Division of the Adjustx:ent Board, upon tile 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 employ e within the meaninof the Railsmy Labor Act as ar·nroved June 21, 134.

This Division of the Adjustment Board has jurisdiction over the dish:ata involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

In May 1976 Carrier assi geed to Car·en the work of replaci n5 sander valves and air nine on a dairy ed sand car at Savannah, C-eor,-i-^.,. On June 25, 1976 the Sheet ?.:e tal ;,I'orhers filed the ; ns Uant claim al ler-;i mg that the work belonged exclusively to its craft. As the record developed on the pro.'D.-crt.y, the Sheet ^:etal i,'o~e~^s contended that the assignment of .1,-orl-I to a c._rs°<:-.n violated the express lan:Tu°_.ge of the Sheet Metal ~-Jorkers' Rule 85 and also past practice. C~irrier ?:''US.4tS the cla?ia oil grounds that neither the express wording of Rule e,;i nor proven past practice give- Sheet lleta1 1-Torkers an J exclusive right to p erform the disuated work.

Third Party I''otice was Provided to the Cal-Men's Organization which maintains as 2., th-eshold ci,,eS ti on that the d7.: mate is jurisdiC t-Onally unsound and barred f ro:r cons: deratA on on the r:eritu because of the

fs.ilure Sheet

Metal 7.or?:ert +~o con-:~51r ' Lc, 7~ s 1~;~ .ill

.~ ;, :~r~th ~,~ ~econ_~hei 20, _~07 . .r _sdicts.onwl

Disgates Agreement before by'ngin; it to this Boe_'d. A_r;-u~_-ndo o:2 the n'pr-.ts
the Cu cont·^nd t'.`:t -cnress tan' ge and past ora~k, ic E both establish
their emcitle:aent _o she ,-ro::~.
Form 1 Award No. 811.8
Page 2 Docket Yo. 7660-T
2-SCL-E,'-' 79

Careful review of the record establishes that the S:UTA did comply with the jurisdictional disrute wording of the Decerber 27, 1977 Letter of Understandir~:;. This is evidenced by the exchange of correspondence on June 10 and 15, 1977, between the respective ~ereral Chair*~,en of~he S~.F~lIA and the BRC. Accordin;^1y the threshold ob.-ieclion of the Carnien must be dismissed. Turnir:g to the merits, however, it is ao' ~,,arent that the SI·~yTA has failed to carry its burden of proving ey-lusive er~ti t12}nent to the work either by express language or.icle^-,,l,r e~;w~l:~=i~d practice. Rtsle 85, the SI,-'qTA Classification of Work mule does not clearly and unax:biguously reserve the installation of sander valves and air pipes on sander cars to Sheet Metal S,Iorers. And the available record evidence regarding practice falls far short of establish-_ng exclusive entitlement to that work. The claim must be denied.

A W A R D

Claim denied.

,.,,i,r paT ; ~^Ti n7,717STI,_'Ei7 BOARD

TvTATI:O:..~:.~ _ h?.0~,

By Ord;:r oz Second D.-''_vision

Attest: Executive SF7~c!·etary
National railroad Adjustment Board

-'`hosQrarie Brascn~..:~ini~:Lr~tive .:ssis~,ant

Dated at Chicago, Illinois, this 27th day of Sep+el'iber, 1979.