Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8685
SECOND DIVISION Docket No.
8276-T
2-CRR-SM-181
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:
( Clinchfield Railroad Company
Dispute: Claim of Employes:
1. Carrier has violated the provisions of Rule 49, the current Agreement and
past practice when other than employees of the Sheet Metal Workers'
Craft was assigned to carmen and car department laborers. The Carrier assignee
the work of performing the duties of filling water tanks on the
passenger coaches assigned at Erwin, Tennessee on October 1, October
3,
October 11, October
19
and October
15, 1977
in violation of the Agreement.
2. That accordingly, the Carrier be ordered to additionally compensate the
following employees, Sheet Metal Workers, T. Z. Wilson, in the amount
of eight
(8)
hours at the time and a half rate, h. Watts, for eight
(8)
hours at the time and a half rate, R. W. Carr for eight (8) hours
at the time and a half rate, M. E. Sneed for eight
(8)
hours at the time
and a half rate and K. l.. Mashburn for eight
(8)
hours at the time and
a half rate each for this violation of the Agreement.
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.
Following a substantial hiatus in operating passenger service, Carrier, in
1969,
acquired an old, small steam locomotive which it restored to operating
condition and in addition acquired ten (10) passenger coaches. With this equipment,
Carrier began running special excursion trains primarily on a charger basis and
operating mostly on weekends between Erwin, Tennessee and Spartanburg, South
Carolina. It is noted that this operation was seasonal. in nature with the majority
of trips made during the Fall months, especially in October as during this time
of year passengers travelling through the Blue Ridge Mountains were treated to the
view of the autumn leaves changing color.
When the trips were operated, the passenger cars had to be serviced and
supplied with water prior to leaving Erwin and at the layover point before
returning. The specific work of watering coaches entails connecting a water hose
to a water faucet where the two are not already connected, then turning the water
Form 1 Award No. 8685
Page
2
Docket No.
8276-T
2-CRR-SM-'81
on, placing the nozzle in the appropriate receptacle of the passenger coach and
allowing the water to run until the holding tank is full. This water is used for
drinking and other purposes by the passengers.
In the case at bar, the Organization alleges that ever since the inception of
this excursion train operation, Carrier has used employees of its Sheet Metal Craft
employed at the Erwin Shop Facility exclusively to perform the work of watering
coaches. In support of its position, the Organization cites its Classification
of Work Rule, Rule
49
of the Controlling Agreement, effective September 1,
1949,
as
well as Rule
18,
Assignment of Work. These Rules read respectively as follows:
"Rule
49.
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 and maintaining parts
made of sheet coper, brass, 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, pipe and spot welding, soldering, tinning, leading
and babbiting, the bending, fitting, cutting, threading, brazing,
connecting and disconnecting of air, water, gas, oil and steam
pipes, the operating of babbit fires, oxy-acetylene, thermit and
electric welding on work generally recognized as sheet metal
workers' work, and all other work generally recognized as sheet
metal workers' work.
Include regular and helper apprentices in connection with the
work as defined in Rule
49."
"Rule No.
18
- Assignment of Work
None but mechanics, leading men, and apprentices shall do
mechanics' work as per special rule of each craft."
The Carrier refutes the Organization's contention employees of the Sheet Metal
Workers Craft employed at the Erwin Shop Facility performed the disputed work
exclusively asserting instead that sheet metal workers (Pipefitters), on occasion
supplied the water where their services were required in making minor repairs to
the cars as the equipment was old and therefore difficult at times to keep the
plumbing systems functional. The Carrier further contends that more often than not_
when laborers were sent to the points to clean the cars, they were used to supply
water to the coaches. Carrier maintains that it was not, and has never been the
case that supplying water to passenger aches is work which is reserved either by
practice or agreement to employees represented by the Sheet Metal Worker's
Organization.
As additional support in favor of Carrier's position, the following contention:.
by both the Carmen's Organization and the Firemen and Oilers' Organization are
noted herein respectively: The Carmen assert that since the discontinuance of
regular service in the mid 1950's and prior to the institution of this instant
Form 1 Award No. 8685
Page
3
Docket No. 8276-T
2-CRR-SM-181
claim, no craft on the property has claimed exclusive right to the watering of
passenger coaches on the excursion trains. Rather, the watering of the coaches
was done by any employee who happened to be present at the coaches in the performance
of work consistent with his classification work rule. In addition, the Carmen
argue, the instant dispute is a jurisdictional matter which the Sheet Metal Worlu:r's
Organization has failed to resolve through established procedure between itself
and the other labor organizations involved. Attempt at such a resolution is a
condition precedent, asserts the Carmen, for advancing the claim before the Board.
Since the Sheet Metal Worker's Organization chose to completely ignore -the- Jurisdictional nature of the dispute, the Carmen assert the instant claim has been
prematurely progressed to the Board and accordingly should therefore be dismissed;
The Firemen and Oilers argue that though employees of the Sheet Metal Craft may
have occasionally put water into the excursion train neither their Classification
of Work Rule nor any past practice support the claim that the disputed work was
reserved to the sheet metal workers.
Upon a thorough review of the record it is determined by the Board that the
Sheet Metal Workers' Organization has failed in its burden of proof to support its
contention that the disputed work is reserved to members of its Craft. Both
positions advanced by the Organization, that is, the work in question is covered by
the language of Rule 49 and additionally upheld by the meaning of Rule 18 of the
Controlling Agreement, and the disputed work is reserved to employees of the Sheet
Metal Workers Craft through past practice, are nothing more than mere assertion,
which we have noted many times in previous cases, does not constitute fact. The
claim is therefore found to be deficient and accordingly we move to dismiss it.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
e~l
By ~,.~'~'~ rv ~ ~t
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of April, 1981.