Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8992
SECOND DIVISION Docket No.
(3557-T
2-CR-BM-'82
The Second Division consisted of the regular members and in
addition Referee George E. Larney when award was rendered.
( International Brotherhood of Boilermakers, Iron Ship
Parties to Dispute: ( Builders, Blacksmiths, Forgers and Helpers
Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Carrier violated the terms of the agreement when it assigned
other than Boilermakers to perform Boilermakers work.
2.
That accordingly the Carrier be ordered to compensate the following
Boiler7ltkers; Bus Chernisky
#627555,
Ron Czynski
#539868,
Robert
Burtnette
#632178,
Jim Richmond #623372, fifty two (52) hours each
at the pro rate, rate of pay for a total of 208 hours.
Findings:
The gecond 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.
The organization alleges that on or about the period of October 12 through
October
19, 1979,
the Carrier violated its Classification of Work as set forth
in Rule
79
of the Controlling Agreement, effective July 16,
1946,
with revisions
to July 1,
1951,
when Carrier assigned employees of both the machinist and
Sheet Metal Crafts to assist employees of its craft in the assembly of a metal
building to house the Vacu-Blast machine, used in sand blasting operations.
Rule
79
reads, in pertinent part, as follows:
"CLASSIFICATION OF WORK
(a) Boilermakers' work shall consist of laying out, cutting
apart, building, or repairing boilers, tanks, and drums;
inspecting, patching, riveting, chipping, calking, flanging,
and flue work; building, repairing, removing and applying
steel cabs and running boards; laying out and fitting up any
sheet-iron or sheet-steel work made of 16-gauge or heavier
(present practice between boilermakers and sheet-metal
workers to continue relative to gage of iron), including
fronts and doors; ash pans, front end netting and diaphragm
1~ term 1. Award No. 8992
Page 2' Docket No. 8557-T
2-CR-BM-'82
work, engine tex steel underframe and pressed steel
tender truck frame, except where other mechanics perform
this work; removin; and applying all stay bolts, radials,
flexible caps, sieives, crown bolts, stay rods, and braces
in boilers, tanks and drums; applying and removing arch
tubes; operating punches and shears for shaping and
forming, pneumatic stay-bolt breakers, air rams and
hammers; bull, jam, and yoke riveters; boilermakers' work
in connection with building and repairing of steam
shovels,
derricks, booms, housing, circles, and coal
buggies, I-beam, channel iron, angle iron, and T-iron work;
all drilling, cutting and tapping, and operating rolls in
connection with boilermakers' work; oxyacetylene, thermit,
and electric welding on work generally recognized as
boilermakers' work, and all other work generally recognized
as boilermakers' work. It is understood that present
practice in the performance of work between boilermakers
and carmen will continue."
The Organization maintains the physical structure of the subject building
to be as follows:
"The Building in question is 10'8" wide, 10'4" deep and
10'8" high. It has two (2) doors 5'10" and a standard
service door at the side. The building was fabricated
from 4
- 6"
channel iron beams, to support the corners,
4 - 8" channel iron beams to form the base. The sides
are fabricated from
3/16" xx
2" x
3"
angle iron with 12
gauge sheet metal pannels welded to them. The large front
doors are fabricated from 2" x 2" x
3/16"
angle iron
covered with 12 gauge sheetmetal. The roof consists mostly
of
3/16" x
2" x 2" angle iron placed to form a vented
roof." (Emphasis plied.)
The Organization argues that when these physical elements of the building
set forth above are matched against its Classification of Work Rule, Rule
79,
it is readily apparent that the work in question belongs to employees of its
craft; specifically the most pertinent being the angle iron and the 12 gauge
sheet metal which is heavier than 16 gauge sheet metal. The Organization
further argues the work accrues to employees of its craft based on past history
and practice in that it asserts the Boilermaker Craft has in the past twenty-five
(25) years built two buildings to house sand blast operations and that this fact
has not, at any time, been refuted by the Carrier.
harrier asserts the Organization's reliance on Rule
79
is an attempt on their
part to equate the word housing which appears in Rule
79
with the erection of
the building in which the Vacu-Blast Machine is located. Such conclusion,
Carrier argues, cannot properly be made inasmuch as the housin referred to in
Rule
79
Pains solely to housing which is designed and used to protect moving
parts of equipment machinery, and not to buildings such as the one in dispute
in the 1otetaxticase. Thus Carrier maintains, Rule
79,
can lend no proper support
Form 1 Award No.
8992
Page
3
Docket No.
8557-T
2-CR-BM-182
to_the Organization's,claim and accompanying delegations. Carrier additionally
argues the Organization's attempt. to rely on past practice as support for the
instant claim must necessarily fail in that the organization has been unable to
establish the existence of such a past practice granting to its craft employees
the type of work in question.
In its
e4
wptI y-*ve review of all the facts and circumstances surrounding
the instant case, the Board finds the Organization has failed in its burden of
proof to offer either contractual support or something of greater significance
with regard to past practice other than mere assertion, in its effort to
substantiate the subject
aavl~`.J*
that which accrues to the members of its
craft. Had the Organization been able to demonstrate, without doubt, that 16
gauge metal or heavier was involved in the assembly of the subject building,
this Board would then have been persuaded the work in question belonged to
members of the Boilermakers' Craft. Absent too, a definitive showing of a past
practice the Board has no other alternative but to deny the instant claim.
Finally, as an aside, the Board notes no economic hardship was suffered by the
Claimants as they each were compensated for their share of the work performed in
assemblying the subject building.
A WAR D
Claim denied.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
BY
semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 17th day of March,
1982.