Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8383
SECOND DIVISION Docket No. 8(A1-'T
2-MP-sM-'8o
The Second Division consisted of the regular members and in
addition Referee Wesley Ao Wildman when award was rendered,
( Sheet Metal Workers` International
( 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 October 10,
1977,
other then
Sheet Metal Workers were assigned the duties of repairing hasp on metal
tool box, Diesel Shops, Fort Worth, Texas,
2, That accordingly, the Missouri Pacific Railroad Company be ordered
t0
compensate ShBet Metal Worker E. W. Sparks 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 habor.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.
This is a work jurisdiction dispute case. On October 10,
1977,
Electrician
Hardie made an extensive and permanent repair to the metal lock hasp on the tool
box in his possession. The Sheet Metal Workers claim that~this was work which
should have properly been assigned to their craft under Classification of Word;
Rule No,
65
in the controlling Agreement between the parties.
The record yields the following with respect to key questions to be
answered in this case:
1), To wham does this work properly belong? There is no reference in any
applicable rule to this chore belonging, as such, to arty particular craft.
However, it appears to be true, as the petitioning organization here asserts,
that the gauge of metal employed in fashioning the hasp which was subsequently
welded to the tool box of the electrician does come under the Sheet Metal
Workers' jurisdiction. There are some unsupported assertions, but no hard
evidence in the record, regarding past practice in the performance of this
task. Carrier asserts that the performance of this kind of a repair chore on
an electrician's tool bar is exceedingly rare, and that the instance with which
we are dealing may be very nearly a case of first impression; the organization
claims that such work is traditionally performed by the Sheet Metal craft.
Form 1 Award No. 8383
Page 2 Docket No. 80+1-T
2-MP-SM-`80
2), How extensive a task was the hasp repair? There is no definitive
evidence in the record on this issue. There is good reason to believe, however,
that the task consumed more than "a few minutes" (long enough, certainly, for
one or more sheet metal workers to observe the work and become concerned) but
some length of time well under one half a shift
(4
hours). The work performed
consisted of measuring, cutting, shaping, and welding of the hasp to Hardie's
tool box. The work was done in the Sheet Metal Shop.
3),
Was the work done under management direction and control? The record
indicates that while Electrician Hardie was instructed to make a temporary
repair to his tool box by inserting an angled piece of metal through appropriate
slots so that the box could be locked, Hardie made a clearly unilateral decision,
without management direction, to cut, shape, and weld the hasp so as to effect
a permanent repair. The organization claims that, while Hardie may not have
been instructed by supervision to perform the extensive repair fi.nally undertaken,
the work was done with the knowledge and concurrence of supervision.
4).
Whose property is the tool box in question? While there is some
vagueness on the record with respect to this issue, the tool box is apparently
assigned to the individual electrician at the time of employment and may be
taken by him when he leaves the Carrier. In some sense, at least, then, it
may be accurate to characterize the box as the personal property of a given
electrician employee; certainly, though, in our judqnent, this case will not
turn on resolution of this issue.
We find, in sum, the following:
1). the'petitioning organization has not been able to demonstrate with any
certainty whatsoever that the work in question is by custom, practice, or
contract, unequivocally reserved to the workers in its craft;
2), management did not assign or direct Electrician Hardie to perform
the work in question (although they may have had knowledge that the work was
being done) on what may, possibly., be considered Hardie's personal property;
3),
despite the fact that the task performed here was surely more than
de mini.mis, as a result of the relative infrequency and non-recurring nature
of this work, there
wall,
in all probability, be no significant erosion
whatsoever of the work province or traditional tasks of Sheet Metal Workers if
this claim is denied.
It is the opinion of this Board based on the foregoing, that this claim
should be denied.
A W A R D
Claim denied.
l."c>Ynn 1
I'a,t~le 3
Attest: Executive Secretary
National Railroad Adjustment Board
BY
o marie Bxasch - Administrative Assistant
Dated Chicago, Illinois, this 25th day of June, 1]80.
Award No.
8383
Docket No. 8041-T
2-MP-SM-'80
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division