Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8603
SECOND DIVISION Docket No.
8223-T
2 -MP-MA-'81
The Second Division consisted of the regular members and in
addition Referee George E. Larney w'ien award was rendered.
International Associa.ion of Machinists and
Parties to Dispute: (~ Aerospace W.)rkers
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the controlling
Agreement, particularly Rules 26(a), and 52(a), when they arbitrarily
transferred the work of replacing tle axle inlet and outlet door channels
to the axle cleaning machine in the dheel Shop at North Little Rock,
Arkansas, from the Machinists' Craft to the Boilermakers' Craft.
2. That accordingly, the Missouri Pacific Railroad Company be ordered to
compensate Machinists D. M. Chisam, T. E. burke, H. H. Welch, J. B.
Wirges, E. E. Heater, R. D. Davis, 1'. G. Hill, and C. C. Jones in the
amount of sixty-four (64) hours to t e divided equally among them at the
punitive rate of pay for Machinists for being denied the right to perform
Machinists' work on the inlet and ou:let door channels to the axle
cleaning machine.
Findings:
The Second Division of the Adjustment Boa d, 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.
The eight aforecited Claimants are members of the Machinist Craft and are
employed at Carrier's Wheel Shop Facility looted at North Little Rock, Arkansas.
The Wheel Shop is a completely automated car vheel assembly line and within the
line is an axle cleaning machine located in the axle storage room. This machine
is used, according to the Carrier, to clean reclaimable freight car axles once a
part of wheel sets which have routinely been removed from cars and locomotives
when inspections have revealed the viheels fail to meet established standards or for
other various reasons. The axle cleaning machine is described by the Carrier as
follows:
"In essence the device is a large steel box or housing. A
conveyor belt passes into and out of this box through doors
near the top of the box. Inside the box-like structure the
axle is cleaned by being blasted watt steel shot propelled at
high speed."
Form 1 Award No. 8603
Page 2 Docket No. 8223-T
2-Mr-MA-' 81 `·.rrr''`
And in describing part of the machine's construction, Carrier states:
"The doors through which the conveyor belt passes are hinged at
the top and open outward and upward to admit the axles. To
provide both a stop and a means of sealing the door openings,
1/8" X 1 " X 1" angle iron is welded inside the axle cleaner
housing aromid the perimeter of the door opening. When the
doors are closed, they rest against these angle iron door
channels which overlap the perimeter of the door and prevent
the escape of the steel shot particles."
The Carrier relates that because the various parts of the axle cleaner inside
of the housing are continuously subject to th: scouring action of steel shot, it
is necessary, on occas.~.on, to replace these parts. In the instant case, the axle
cleaning machine underwent repairs due to bla3t fatigue on date of August 26,
1976.
A part of the repairs included replacing the inlet and outlet door channels. Carrier
assigned this specific task to employees of the Boilermakers' Craft even though an
objection was raised at the time by the machinist Local Chairman that the work of
replacing the door channels belonged to the Machinists' Craft.
The Machinists' Organization, hereinafter referred to simply as the Organization,
takes the position the disputed work was misassigned by the Carrier, basing its
assertion on the clear and unambiguous language of both Rules 2Qu) and 52(a) of
the Controlling Agreement, bearing effective date of June 1,
1960.
In relevant
part, Rule 26(a) reads as follows:
"ASSIGNMENT OF WORK: RUIN 26(a). 'None but mechanics or
apprentices regularly employed as such shall do mechanics'
work as per special rules of each craft ..."
And in whole, Rule 52 (a) reads as follows:
"MACHINISTS' CLASSIFICATION OF WORK: RUTZ 52(a). Machinists'
work including regular and helper apprentices, shall consist
of laying out, fitting, adjusting, :hoping, boring, slotting,
millins, and grinding of metals used in building, assembling,
maintaining, dismantling (See Note A) and installing machinery,
locomotives, and engines (operated by steam or other power),
engine inspecting; pumps, engine jacks, cranes, hoists,
elevators, pneumatic and hydraulic tools and machinery,
shafting and other shop machinery; ratchet and other skilled
drilling and reaming except on drill presses (see note B);
tool and die making, tool grinding, axle truing, axle, wheel
and tire turning,and boring; air equipment, lubricator and
injector work; removing, replacing, grinding, bolting, and
breaking of all joints on exhaust pipes and superheaters,
oxyacetylene, thermit and electric welding on work generally
recognized as machinists' work; the operation of all machines
used in such work; machine and link ;;rinding and passenger
motor cars; removing, repairing, and applying trailer and -
engine trucks and parts thereof; cab stands or sheets, waste
Form 1 Award No.
8603
Page 3 Docket No. 8223-T
2 -3.,iP-MA-' 81
"sheets, runningboard brackets, hand rail brackets, sand
boxes, and dome castings; locomotile spring and spring
rigging work, driver brake and brad=a rigging (see Note C);
and all other work generally recognized as Machinists' work.
Machinists may connect and disconnect any wiring, coupling,
or pipe connections necessary to make or repair machinery or
equipment."
The
Organization contends
that Rule 52 (a) reserves to it the work of "Maintaining
... other shop machinery", and that this language clearly and unambiguously covers
the repair work in question here, that of replacing the channel doors of t'he axle
cleaning machine.
In
further support of its position, the Organization relies on
Second Division Award 6762 in which the Board stated
in
part the following:
"The Boilermakers Classification of Work Rule 62(a) reads
in
pertinent part as follows:
'I-beams, channel iron, angle iron and T-iron
... in connection with Boilermakers' work.'
Careful reading of the foregoing language indicated that the
express provisions of Rule 52 (a) described as Machinists'
work the laying out, fitting, adjusting, shaping, boring,
milling, and grinding of metals usad in building and
assembling ... machinery ... pneun atic and hydraulic tools
and machinery ... and other shop machinery ...' It is noted
that no express qualifications of Limitation on the size or
gauge of metal is contained thereii. On the other hand, the
language in Rule 62 (a) encompasses 'I-beams, channel iron,
angle iron and T-iron ...', i.e. such material may be
worked by Boilermakers on condition that it is used in
Boilermakers' work.
Consistent with the foregoing express language we find
that the work of building the frame for the coupler
straightener; a piece of hydraulic shop machinery; was
Machinists' work under the Agreement. Accordingly,
assignment of this work to the Boilermakers' Craft by
the Carrier constituted a violation of Rule 52(a). We
shall sustain Part 1 of the claim as to said violation."
The Carrier takes the position that the work in question is not reserved by
rule or practice exclusively to the Machinists' Craft. To the contrary, Carrier
asserts that the work was .appropriately assigned to employees of the Boilermakers'
Craft based on that Organisation's Classification of Work Rule - Rule 62(a) of
the Controlling Agreement. Rule 62 (a) reads in whole as follows:
"BOIIERMAIERS' CIASSIFICATION OF WCPK: RULE 62(a).
Boilermakers' work, including regular and helper
apprentices, shall consist of laying out, building or
repairing boilers, tanks and drums;
inspecting boilers
and staybolts; patching, riveting, chipping, calking,
Form 1 Award No.
8603
Page 4 Docket No.
8223-T
2 -MP-Ma-' 81
"flanging and flue work in fire box; building, repairing
and applying steel cabs; applying s:eel runningboards,
and steps; laying out and fitting up any sheet iron or
sheet metal work made of 16-gauge iron or heavier in
connection with boilermakers' work, including pressed
steel fronts and doors, all flue work in front end; in
specting, adjusting, and repairing front end netting and
draft appliances; ash pans and rigging; engine tender and
steel underframes and steel tender truck frames, except
where other mechanics perform this work; removing and
applying all staybolts, radials, flexible caps and sleeves,
crownbolts, stay rods and braces in boilers, tanks and
drums; bumping of crown sheets and staybolts; tapping out
holes and
running in
stay bolts in new and old work;
driving staybolts; applying arch tubes; operators of punch
and shear machines except foi cutting bar stock and scrap;
operating pneumatic staybolt prakers, pneumatic hammers,
bull and yoke riveters; boilermakers' work in connection
with the building and repairing of steam shovels, derricks,
booms, housing circles and coal buggias; I-beams, channel
iron, angle iron and T-iron, steam, air and water tight work
in connection with boilermakers' work; drilling, cutting and
tapping and operating rolls, except as provided for in Rule
63; oxyacetylene, thermit and electric welding on work -
generally recognized as boilermakers' work in the Maintenance
of Equipment Department."
Carrier contends the axle
cleaning machine
is a housing device and notes the
door channels are fabricated out of heavy gauge angle iron. Therefore, concludes
the Carrier, it logically follows that the disputed work belongs to the Boilermakers'
Craft based on the language of Rule 62(a). Furthermore, Carrier avers, the disputed
work has been performed by the Boilermakers from the beginning, whenever it was
necessary to replace the door channels and therefore based on past practice alone,
the work in question belongs to the Boilermakers' Craft and therefore was properly
assigned on the claim date, August 26,
1976.
Upon a close examination and review of all the evidence of record, the Board
arrives at the following determinations:
1. Neither party has placed before us sufficient evidence in support of
which Craft, that of the Machinists or Boilermakers, has performed the
disputed work in the past, and therefore we are unable to apply this test
in our deliberations in the case at bar.
2. Absent the application of past practice, we are faced with making a
determination as to which of the two Crafts' Classification of Work
Rules cited above - either Rule 52(a) or 62(a) would best cover the
disputed work. We move to make this determination notwithstanding
Carrier's objection that in so comparing the two Organization's r_0"'
classification of work rules, the "Board opens the door to becoming, in
essence, an absentee first line supervisor ..."
Form 1
Page
5
Award No. 8603
Docket No. 8223-C
2-MP-MA-'8l
In making a comparative analysis of Rules 52 (a) and 62(a), we find ;hat the
work in question, that is, replacing the inlet and outlet door channels of the: axle
cleaning machine, is better covered under Rule 52(a), the Machinists' Classification
Work Rule than under the Boilermakers' Rule 62(a). We therefore, accordingly_ rule
to sustain the instant claim and to award each of the Claimants eight (8) hours pay
at the prevailing pro rata rate in existence fcr their job classification at the
time the claim arose.
A W A R D
Claim sustained. Each Claimant to receive eight
(8)
hours pay at the pro
rata rate for their job classification in existence at the time the claim arose.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Crder of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
semarie Brasch - Administrative Assistant
Dated at Chicago, Illim is, this 21st day of January,
1981.