Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8823
SECOND DIVISION Docket No. 8424-'t
2-C&NW-SM-'81
The Second Division consisted of the regular members and in
addition Referee John B. IaRocco when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
I. That the Carrier under the current agreement, assigned other than employes
of the sheet Metal Workers' Craft (by the assignment of Carmen Helpers and
Coach Cleaners) to perform work covered by Rules
29, 53
and
103, This; work
assignment consisted of the removing and replacing of drain pans, overhead
doors and the blowing of condensers on certain coaches as enumerated in
Employes' Exhibits 1 through
5
on the dates of April 11, 12,
13, 14
and
17, 1978.
2. That accordingly,the Carrier be ordered to additionally compensate Sheet
Metal Workers, A. Droho, 3. Osborne and M. Chalus for eight
(8)
hours
each at the straight time rate for the date of April 11,
1978.
For the
date
of
April 12,
1978,
Sheet Metal Workers, J. Nurnburg, T. Land, W.
Rosso and S. Scolastica in the amoung of eight hours each at the straight
time rate. For the date of April
13, 1978,
Sheet Metal Workers, R.
Bauman, A. Mahilum, N. Christopherson and A. Droho in the amount of
eight hours each at the straight time rate. For the date of April
14_
1978,
Sheet Metal Workers, J. Land, W. Rasso, S. Scolastica, M. Chalus
and S. Osborne in the amount of eight hours each at the straight time
rate. For the date of April
17, 1978,
Sheet Metal Workers, J. Nurnburg,
R. Bauman, A. Mahilum and N. Shristopherson in the amount of eight hours
each at the straight time rate.
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,
193+.
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 organization has brought this claim on behalf of nine sheet metal workers
alleging the carrier improperly assigned work (which the organization says is
reserved exclusively to sheet metal workers) to other crafts on April 11, 12, 1?.,
14
and
17, 1978.
The claimants seek a total of approximately 152 hours of pay apt
the pro rata rate.
Form 1 Award No.
$823
Page
2
Docket No. 842-T
2-C&NW-SM-'81
Each spring, the carrier prepares the air conditioning equipment on its
commuter passenger coaches for summer use. The air conditioning preparation project
consists of many different tasks (repair, cleaning & maintenance) including the
blowing of condensers. The carrier has engaged in the air conditioning preparation
project each spring since the late I950's
when the
air conditioned coaches were
placed into service on the carrier's suburban Chicago lines. On the dates in
question, some sheet metal workers participated in the air conditioning renewal
process but they were assisted by coach cleaners and carmen.
The organization contends all the work involved in preparing the air
conditioning equipment for summer use (including blowing the condensers) is within
the exclusive province of sheet metal workers under Rules 103, 29 and
53.
Rule
103 classifies the type of ks which constitute sheet metal work. The other
rules provide that sheet metal workers shall perform sheet metal work with certain
exceptions. The carrier refutes the organization's contention that all the disputed
work is covered by the sheet metal worker classification rule. While the carrier
acknowledges that a portion of the air conditioning preparation proj*at is reserved
exclusively to sheet metal workers, it contends that the claimants did perform that
portion of the work. According to the carrier, coach cleaners
and c
armen have,
since the late 1950'x, assisted sheet metal workers in the spring air conditioning
project. Moreover, the carrier alleges that a former general chairman of the sheet
metal workers in 1977 orally agreed that carmen and coach cleaners could continue
to perform the disputed work in accord with the past practice. In its third party _
submission, the carmen assert that its classification rule permits carmen to perform Iwo
a3r~ emnditionitag maintenance work on passenger cars. Even if the carmen classification
rule is not broadly construed to cover such work, the carmen contend that historically,
on this property, the csrmen have performed the work claimed to be exclusively
reserved to the sheet metal workers.
We initially note that the carrier also argues that the incidental work rule
applies to this claim. However, we cannot pass on the applicability of the incidental
work rule because the carrier raised this argument for the first time before this
Board. Numerous past decisions of this Board confine our consideration to arguments
which were properly raised while the case was being handled on the property.
After carefully considering the arguments of all the interested parties and
the facts in the record, we rule that the disputed air conditioning work has
historically and traditionally been performed by a combination of crafts on this
property. A practice has developed which permits the carrier to assign part of the
work to carmen and coach cleaners to assist the sheet metal workers in preparing
the air conditioning for summer use. The organization has not presented a
preponderance of evidence to demonstrate that the project is within the exclusive
jurisdiction of sheet metal workers. Over a period of years, the practice arose
which gives several crafts overlapping jurisdiction to perform portions of air
conditioning preparation work. Thus, we must deny the claim.
We emphasize that our
decision applies
only to the practice which has developed
on this property. Also, sheet metal workers continue to have a right to perform the
portion of the air conditioning preparation work that they have traditionally
performed each spring. `1~
Form 1 Award No.
8823
Page
3
Doclaet No.
8424-·T
2-c&Nw-sri-' 81
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMNT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
~.-_
BY
v - _
s y rie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 18th day of November,
1981.