Form 1 NATIONAL RAILFOAD ADJUST!= BOARD Award No.
8152
SECOND DIVISION Docket 7.1..
7698-'T
2-BNI-SM-'79
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
(
( Burlington i1orthern Inc.
Dispute: Claim of Employes:
1, The Carrier violated the provisions of the current agreement when
they improperly assigned other than Sheet Metal Workers to dismantle,
assemble and install the spacer channels, air filter media holding
frames, media pads, and the work of building and assembling the -eaia
pad retainers and the maintaining of the filter compartment, in
the rooftop heating and air-conditioning units at the new Wheel Shop
at the Burlington Northern Havelock Shops, on or about July
26,
1976.
2, That accordingly, the Carrier compensate Sheet Metal Workers R. P.
May, D. Z. Burbach and C. W. Finley, each in the amount of eight
(8)
hours pay at time and one half. rates of pay for, the above-- stated day.
Findings:
The Second Division of the Adjustment Board, upon the whole record and E611
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, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appea,.ice at hear ink thereon.
At issue here is the work necessary to maintain the air filteration/
heating system atop the Wheel Shop at the Carrier's Havelock,, Nebraska,
facility. Intervening as a party at interest here is the International
Brotherhood of Electrical Workers (IBEI~T) which asserts its own rights to
perform suet, work under its existing rules. rf,11ile extensive ar gaments are
put forth by the organization and !BD-T in this regard, a careful assessment
of the applicable rules, in conjunction urith the work involved., fails to
support either claim to such work. A sufficient showing was made that such
work was, at the time of the incident in dispute here, performed by various
Form 1
Page 2
Award 1;o.
8152
Docket No. 76'9-8-T
2-BNI-SM-'79
crafts at various locations within the Carrier's system. The Organization
readily admits it lacks exclusivity system-wide to perform such work but
predicates this circumstance upon a lack of represented employees at such
locations. The essence of the Organization's position is to claim the
right of qualified represented employees to perform such work where they ?re
located within the Carrier's System. We are unable to find support for such
a claim which would reserve such work when, and if, a represented employe
is assigned to a location requiring such work. It would appear that such
work is routine in nature and not requiring any particular skill of any trade.
What is important, however, is the Organization's offering of a letter from
Shop Superintendent Spomer, dated August 20, 1976, to subordinate supervision
stating:
"Effective at once, whenever it is necessary to change the filters
in air conditioning units, Sheet Metal Workers will do the work
and electrical forces are not to be used in this work again.
Each of those addressed should acknowledge receipt and understanding
of these instructions, and take such action as is necessary to assure
compliance."
(Exhibit J of the OrUanization
Ex Parte Submission)
The Carrier cannot at once claim the right to make -assignments and
thereafter ignore or claim a lack of obligation to adhere to its own
directives which substantiates its rights to effect such assigznnents.
Obviously, a duly authorized representative of the Carrier -- indeed, the
Shop Superintendent -- has determined, for economic or other conditions,
that such work will b e performed as set out in its August 20,
1976
letter.
We conclude that this letter -- which was never refuted or denied on the
record, represents the Carrier's decision as to how such work will be
performed past the incident cited herein, insofar as changing air
conditioning filters is concerned at that location. However, we find no
basis for the claim set forth for compensation on the date of July 26,
1976.
A W A R D
Claim disposed of in accordance with the findings,
NATIONAL RAILROAD ADJUST= BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Roseiarie Brasch - Administrative Assistant
Dated at (Chicago, Illinois, this 31st day of October,
1979.