Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8611
SECOND DIVISION Docket No. 8208-T
2-NRPC-SM-'81
The Second Division consisted of the regular members and in
addition Referee George E. Larney when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute: (
( National Railroad Passenger Corporation
Dispute: Claim of EmploZes:
1. That the Carrier under the current agreement, assigned other than employes
of the sheet Metal Workers' Craft (Electricians) to perform work covered
by the agreement effective October 1,
1977.
This work assignment consisted
of the inspection of the toilets on the Amfleet coaches at the facilities
operated by Amtrak in St. Louis, Missouri beginning on the date of September 1,
1977.
That accordingly, the Carrier be requested to
additionally compensate
the following Sheet Metal Workers: L. R. Irwin, H. E. Lumley and G.
Plant for two hours and 40 minutes each until corrected.
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.
Claimant Pipefitters in the instant case, assigned to Carrier's shop facility
at St. Louis, Missouri and members of the Sheet Metal Craft, contend they are
entitled to perform the daily inspection of toilets on the Amfleet passenger cars
as per the scope of their Classification of Work Rule, Rule
17
of the Agreement
on the former Gulf, Mobile and Ohio Railroad Company (Northern Region), effective
July 1, 191+6 as amended, and by reference incorporated under Rule 1 of the
Controlling Agreement bearing effective date of October 1,
1977.
Rules 117 and 1
read, in whole, as follows:
"Classification of Work - Rule
117
Sheet-metal workers' work shall consist of tinning, coppersmithing and pipe fitting in shops, yards,
buildings, on
passenger coaches and engines of all kinds; the building,
erecting, assembling, installing, dismantling (for repairs
only), and maintaining parts made of sheet copper, brass,
Form 1 Award
No.86ll
Page 2 Docket No. 8208-T
2-NRPC-SM-'81
"tin, zinc, white metal, lead, black, planished, pickled and
galvanized iron of 10 gauge and lighter (present practice
between sheet-metal workers and boilermakers, to continue
relative to gauge of iron), including brazing, soldering,
tinning, leading, and babbitting (except car and tender truck
journal bearings, the banding, fitting, cutting, threading,
brazing, connecting and disconnecting of air, water, gas, oil,
and steampipes; the operation of babbitt fires (in connection
with sheet-metal workers' work, exyacetylene, thermit and
electric welding on work generally recognized as sheetmetal
workers' work."
"RULE 1 - CIASSIFICATION OF WORK:
Pending adoption of a national classification of work rule,
employees will ordinarily perform the work which has been
performed traditionally by the craft at that location, if
formerly a railroad facility, or, as it has been performed
at comparable Amtrak facilities, if it is a new facility."
The Sheet Metal Workers International Association, hereinafter referred to as
the Organization, describes the disputed work as entailing causing the toilets to
flush in order to determine whether or not they are operating properly. Where
the toilets are not operating properly, the Organization maintains, it then
befalls members of the Sheet Metal Craft to dismantle the equipment in order for
it to be properly repaired. The Organization contends that this work falls under
the rubric of maintenance renewals and repairs to sheet metal and pipe work has
always been performed at Carrier's St. Louis facility by members of their Craft.
The Organization further argues that it matters not that the toilet systems currently
in use are those of the containerized type requiring the pushing of a button to
activate flushing as opposed to the older outdated toilet systems wherein flushilag
occurred by pushing down a lever or handle. The Organization thus alleges the
Carrier is in violation of the controlling agreement in the case at bar by having
assigned the disputed work to members of the Electrician Craft.
The Carrier takes the position that the inspection work alleged by the
Organization as having been misassigned h:s nothing directly to do with the
flushing action of the toilet per se, but rather it has to do with periodic testing
of the electrical motors governing the activation of flushing. Thus Carrier refutes
the Organization's position that the work alleged by it to be in dispute involves
maintenance renewals or repairs falling under the Sheet Metal Workers Classification
of Work. Furthermore, Carrier notes Rule 1 of the Controlling Agreement, reproduced
above, requires a continuation of past practice and asserts that in the instant
case there is no practice which supports the Organization's claim for this work.
Carrier maintains that members of the Sheet Metal Craft have not in the past
performed the disputed work.
The International Brotherhood of Electrical Workers, the third party Organization
at interest in this dispute, hereinafter referred to as the Electricians, assert
that the work in dispute is clearly covered by its Classification of Work Rule,
Rule 130 of the aforecited Gulf, Mobile and Ohio Railroad Agreement. Rule 130
reads in whole, as follows:
Form 1 Award No. 8611
Page
3
Docket No. 8208-T
2-NRPC-SM-'81
"Classification of Electricians - Rule 130
Electricians' work shall include wiring, maintaining,
repairing, rebuilding, inspecting and installing of all
generators, switchboards, meters, motors and controls,
rheostats and controls, static and rotary transformers,
motor generators, electric headlights and headlight
generators, electric welding machines, storage batteries
(work to be divided between electricians and helpers as may
be agreed upon locally, axle lighting equipment, all inside
telegraph and telephone equipment, electric clocks and electric
lighting fixtures; winding armatures, fields, magnet coils,
rotors, transformers and starting compensators; inside and
-outside wiring at shops, buildings, yards, and on structures
and all conduit work in connection therewith (except outside
fairing provided for in Rule 131, steam and electric
locomotives, passenger train and motor cars, electric
tractors and trucks; include. cable splicers, high-tension
power house and substation operators, high tension linemen,
and all other work properly recognized as electricians' work."
The Electricians maintain that according to Rule 130, such work as inspection,
maintenance or repair of electrical equipment accrue to them and not, as the
Organization here so contends, to members of the Sheet Metal Craft. The Electricians
assert the work assignment in dispute consisted of the inspection of the electrical
system and components associated with the containerized toilet systems on the
Amfleet cars, which work does not fall under the scope of work having to do with
the general or routine inspection of toilets as so alleged by the Sheet Metal
Workers. The Electricians note the new containerized toilet system in use on the
Amfleet cars is far different from the older toilets, asserting, contrary to the
Organization's position, that the technological changes involve more than the mere
pushing of a button as opposed to pushing down on a lever or handle to check the
flushing function. These technological changes, submits the Electricians, require
the testing, maintaining and inspecting of the electrical system and components
involved, which again is work falling under their classification of work. Finally,
the Electricians assert, the work in question has historically been performed by
the Electrical Craft at the Carrier's St. Louis facility as well as other points
on the Carrier's System.
Upon a review of all the evidence and argument of record, the Board discerns
the presence of a threshold question regarding the nature of the disputed work
itself. The Organization maintains the daily inspection of toilets is at issue,
arguing that this involves the flushing of toilet units to determine whether or -not
they operate properly and contending such work falls under their classification of
work dealing with maintenance renewals and repairs to sheet metal and pipe work.
On the other hand, both the Carrier and the Electricians assert the disputed work
involves the inspection, maintenance and repair of the electrical systems involved
with the containerized toilet system. It appears to the Board the parties at
interest here seem to be arguing apples and oranges and as a result the evidence
before us is both insufficient and deficient with regard to informing us as to the
exact nature of the work in dispute. We are thus at a loss to reconcile this crucial
Form 1 Award No. 8611
Page 4 Docket No. 8208-T
2-NRPC-SM-'81
difference in perceptions which leaves us no other alternative than to dismiss
the claim.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By a?' . , _ >.~, c_ - ./?cf
..---
L,,
~R emarie Brasch -~Administrative Assistant
Dated t Chicago, Illinois, this 28th day of January,
1881.