Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8961
SECOND DIVISION Docket No.
8168-T
2-MP-SM-'82
The Second Division consisted of the regular members and in
addition Referee John B. LaROCCO 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 controlling
agreement, particularly Rule
97
and the Transfer of Work Understanding
of
1940.
When on September
7, 1977,
other than Sheet Metal Workers
were assigned the measuring, laying out, cutting and forming of 14
gauge black iron deflector for Roller Bearing axle washer, North
Little Rock, Arkansas.
2. That accordingly, the Missouri Pacific Railroad Company be ordered
to compensate Sheet Metal Workers C. M. Fleming and K. F. Prater four (
hours each at the pro rata rate of pay for such violation.
F ind
inks :.
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.
On
September
7, 1977,
the Carrier assigned two Machinists to lay out, roll
and form four washing solution spray deflectors from 14 gauge black iron pieces.
The 1~iijohtnists then welded the deflectors to the circular spray pipe on an axle
washer pct the Carrier's North Little Rock Diesel Shop. This particular work
had never been performed before on this property. Machinists, Sheet Metal
Workers, Boilermakers and Electricians had all been used to construct the
component parts of the axle washer. The circular pipe had been fabricated by
Sheet Metal Workers.
The Organization claims the fabrication of the spray deflectors is specifically
and exclusively reserved to the Claimants under Rule
97.
The pertinent portion
of Rule
97
which describes the Sheet Metal Workers' Classification of Work states:
"Sheet metal workers
...
work shall consist of tinning,
coppersmithing and pipe fitting in shops
...
the
building, erecting, assembling, installing
...
and
maintaining parts made of sheet copper, brass, tin, zinc,
Award No. 8961
Docket No.
8168-T
2-MP-SM-182
white metal, lead, black, planished, pickled, and
galvanized iron of 10 gauge and lighter
...
oxyacetylene,
thermit and electric welding on work generally recognized
as sheet metal workers' work
generally recognized as sheet
, and all other work
metal workers' work."
To justify its assignment of the disputed work to Machinists, the Carrier
relies on Rule 52(a) (the Machinists' classification of work which states in
part:
"Machinists' work
...
shall consist of laying out, fitting,
adjusting, shaping, boring, slotting, milling, and grinding
of metals used in building, assembling, maintaining,
...
and
installing machinery,
...
oxyacetylene, thermit and electric
welding on work generally recognized as machinists' work..."
According to the Carrier, the laying out, formation and connection of the spray
deflectors was an integral part of the axle washer and all machinery work is
relegated to machinists. Also, the Carrier asserts that it made a good faith
judgment that the nature of the disputed work (which had never been performed
before) was closer to work covered by pule 52(a) as opposed to Rule
97.
While we recognize that the Carrier made a good faith determination that
the new work belonged to Machinists, we conclude that the laying out, rolling, anal
formation of the deflectors was specifically covered by the Sheet Metal Workers'
classification of work rule. The deflectors were an extension of and connected
to the circular spray pipe which had been fabricated by Sheet Metal Workers.
Since the deflectors were formed from separate pieces of black iron, they
constituted stationary equipment and were only slightly related to the operation
of the axle washer. Therefore, we will sustain the claim as presented.
A WAR D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
'' Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 10th day of March, 1.982.
rdATIONAZ RAILROAD ADJUSTMENT BOARD
By Order of Second Division