Form 1 NATIONAL RAfLRQAD ADJUSTMENT BOARD Award No.
8319
SECOND DIVISION Docket No.
8175-T
2-MP-SMI
' 80
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered,
( Sheet Metal Workers' Internatioml
( Association
Parties to Dispute:
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the controlling
Agreement, particularly Rule
65,
when on January
9, 1978,
other than
Sheet Metal Workers were assigned the disconnecting and connecting of
fuel, water and oil lines on _~rwnbers
4, 5, 6, 8,
and 10 assemblies on
Engine 3206, Fort Worth Diesel Shops, Fort Worth, Texas.
2. That accordingly the Missouri Pacific Railroad Company be ordered to
compensate Sheet Metal Worker Mike Gi11ie four
(4)
hours at the pro
rata rate of pay for such violation.
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,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This case carves to us as a result of the carrier's assigning work involving
the disconnecting and connecting of fuel water and oil lines on
4-5-&-8-10
assemblies on Engine 3206, The organization alleges that carrier violated Rule
65
of the controlling agreement by assigning this work to machinists. When
confronted with a claim, the carrier argued that Rule
65
was not violated and
that the work was assigned under the incidental work rule.
This Board has reviewed the record before it and must conclude that this
case, as well as any cases that might arise involving jurisdiction and incidental
work rules, should be handled according to the agreement that established the
National Dispute Cormiittee. This agreement was developed by the parties with
the objective of expediting the settlement of such disputes. For the organization
to pursue this case through the normal channels of the National Railroad Adjustment
Board can only delay settlement. This Board has consistently deferred to special
dispute resolution procedures established by the parties and must do so in this
instance. For these special dispute resolution procedures to work, they must be
utilized in a timely and efficient manner.
Form 1
Page 2
Award No. 8319
Docket No, 8175-T
2-MP-SM-180
A WAR D
This Board has no jurisdiction in this case. This case must be resubmitted
to the National Dispute Committee, as required by the June 5,
1972,
letter of
agreement.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest; Executive Secretary
National Railroad Adjustment Board
By
- I - 4
-
d
e..
Z-.
0 -, i:
~/ 1, _
s rie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 16th day of April, 1980,