Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8480
SECOND DIVISION Docket No. 8305-T
2-MP-SM-180
The Second Division consisted of the regular members and in
addition Referee M. D. Lydon 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
97
and Transfer of Work Understanding
of
1940
when on November 23,
1977
other than Sheet Metal Workers were
assigned the disconnecting and connecting discharge pipes to air
compressor after cooler at Pike Avenue Power House, North Little Rock_
Arkansas.
2. That accordingly the Missouri Pacific Railroad Company be ordered to
compensate Sheet Metal Workers P. C. McBride and J. W. Brooks four (4;I
hours each 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.
Great emphasis has been placed on Rule 52, its interpretation and prior awards
upholding the responsibilities of the Machinist Classification. The clause does
not make specific comment with regard to the work in question. It does specify,
"Machinists may connect and disconnect any wiring, coupling, or pipe connections
necessary to make or repair machinery or equipment."
However, it was stated by the Carrier that, "The heat exchanger was removed
for the purpose of making a 'water test' to determine if any leak existed", per
Mr. Sayers' letter of July 30,
1979.
Likewise, Rule
97
specifies a Sheet Metal Worker is responsible for "The
bending, fitting, cutting, threading, brazing, connecting, and disconnecting of
air, water, gas, oil and steam pipes", and also, "and all other work generally
recognized as sheet metal work".
Form l Award No.
8480
Page 2 Docket No.
8305-T
2-MP-SM-'80
Clearly, while the "Memorandum of Understanding", dated November 1,
1955
does not discuss Machinists duties, it does in fact define Sheet Metal Workers'
duties. Section (B) therein does give credence to the Union's argument that
"1(a) all pipe work in power plant buildings except lead caulked cast iron pipe
and fittings and all underground lines" is the work of Sheet Metal Workers.
Furthermore, written documentation by the General Chairman, Sheet Metal Workers'
International Association to the Mechanical Superintendent, Missouri Pacific
Railroad Company, dated 4/12/78 was not subsequently refuted wherein it was
stated that, "I was in North Little Rock in January and made an inspection of
this aftercooler with Local Chairman Davidson at that time and we agreed the
aftercooler was Machinists' work after the sheet Metal Workers disconnected
their pipes, regardless of the flange fittings that Mr. Dent states had machine
bolts that does not give the Machinists the right to disconnect flanges on
pipes, the Sheet Metal Workers have bolted pipe flanges together for many years
therefore, just because bolts were used is no reason to transfer this work to
Machinists".
The point being that the Sheet Metal Workers' statement that they have been
bolting pipe flanges together for many years deserves credence since nowhere in
the testimony has the statement been denied.
It is true the Carrier has sought to maintain an harmonious work relationship
as specified in its No Transfer of Work Understanding of May 1,
1940;
wherein it
states:
"Gentlemen:
It is not our policy to arbitrarily transfer work from one
craft to another without an understanding having been had
prior to the transfer with the appropriate representative
of the employes and this policy will be followed.
Yours truly,
0. A. Garber
Chief Mechanical Officer
C. A. Coad
Special Asst. Personnel"
Lastly, the contents of the letter dated 9/28/79, International Assoc. of
Machinists and Aerospace Workers was carefully reviewed. Subsequent search of
all testimony in the case regarding the Machinists' comments its testimony is
silent regarding its work authority.
It is the position of the Board predicated on the testimony supplied and
on the evidence of the case as a whole that the work in question in this specific
case was that of the Sheet Metal Workers.
It would appear from the testimony that the Sheet Metal Workers were present
while the Machinists were performing their work assignment. It is the decision of
Form 1
Page
3
Award No.
8480
Docket No. 8305-T
2-MP-SM-180
the Board that the Sheet Metal Workers shall be paid for the actual time it took
to disconnect and connect the eight
(8)
bolts and in accordance with the contractual
agreement regarding said payment.
Based upon the testimony and evidence of the case as a whole, the decision
of the Board is that the work performed was sheet metal workers work and that
the two sheet metal workers in question shall be paid for the actual time it took
to disconnect and connect the eight
(8)
bolts in question.
A W A R D
Claim is sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
By
Q ~.-~f
h.-
osemarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 29th day of October, 1980.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division