Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8539
SECOND DIVISION Docket No.
8280-T
2-MP-sM-'80
The Second Division consisted of the regular members and in
addition Referee David H. Brown 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 Rules 26(a),
97
and Article V, Sections A, C,
D, and G, when on December
12, 1977,
other than Sheet Metal Workers
were assigned the disconnecting and connecting of pipes and fittings
to diaphrams on air compressor at the Center Air Compressor Room,
Kansas City Diesel Shops, Kansas City, Missouri.
2. That accordingly the Missouri Pacific Railroad Company be ordered to
compensate Sheet Metal Worker J. W. Mellings two
(2)
hours forty (40)
minutes at the punitive 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,
1931+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Adjacent to Carrier's Diesel Facility in Kansas City is a building known
as the Power House, wherein are located steam generators and two stationary
air compressors. On December 12,
1977,
a machinist was instructed by his foreman
to replace the diaphragms in one of the air compressors. Carrier's description
of the work involved is not challenged by the Organization. We therefore quote
from Carrier's Statement of Facts: "Replacing the diaphragms requires disconnecting
3/8"
copper tubing, one end of which attaches to the unloading assembly located
on the low pressure cylinder head. The tubing is attached at each end by pulling
a hex nut down over a compression fitting. Disconnecting simply requires the
loosening of the nut at each end of the tubing. The machinist must then loosen
four nuts holding the unloader assembly to the cylinder which permits the machinist
to remove and replace the diaphragm. The machinery is reassembled in the reverse
order."
Form 1
Page 2
Award No.
8539
Docket No. 8280-T
2-MP-sM-'80
Further language of Carrier is criticized by the Organization only as being
an over-simplification: "The claims were filed on behalf of sheet metal workers
because a sheet metal worker was not used in each case to loosen the hex nuts
holding the tubing in place. The loosening of the hex nuts requires no more
than three or four minutes. Tightening the hex nut (sic requires four or five
minutes."
We find that the disputed work is governed by the last sentence of RULE
52, MACHINISTS' CLASSIFICATION OF WORK, reading in pertinent part:
"Machinists may connect and disconnect any
...
pipe
connections necessary to make or repair machinery or
equipment."
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By a
~Rdsemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 10th day of December,
1980.