Form 1 Award No. 9012
Page
3
Docket No. 8552-T
2-MP-SM-'82
The Machinists' Organization asserts the disputed work has been performed
by employees of its Craft since August 2,
1967,
and that such work continues to
be performed by Machinists. In support of its assertion, the Machinists'
Organization has submitted into evidence six
(6)
statements from Machinists
in Little Rock, Arkansas who affirm their performance of the disputed work. A
typical statement reads as- follows:
"I've been assigned as a Machinist on the Annual House Floor
since August 2,
1967.
During this time, I have applied
and removed the vertical grab iron on the front of a switch
engine adjacent the radiator compartment."
Additionally, the Machinists' Organization asserts the language contained
in Jurisdictional Award
658,
agreed on between it, the Sheet Metal, Workers and
the Carrier specifically explains that the hand rail will be removed by the
Sheet Metal Workers and the rail columns, or posts, which are two pieces of
metals will be removed by employees of its Craft. The Machinists' Organization
argues that although the rail in question is of a one piece-U-shaped configuration
and not several pieces as that envisaged by Award
658,
nevertheless Award
658
awards employees of its Craft the work covering handrail columns and/or posts.
The Machinists take the position that in the instant case given the rail's one
piece construction it was absolutely unavoidable not to raise the handrail
when removing the rail's posts from out of the bracket neck stands.
The Carrier argues the assignment of work with regard to specifically that
which was performed by Machinists in removing and reinstalling the rail in question
was made in accordance with the settlement of the jurisdictional issue contained
in Award
658.
The Carrier notes the rail had to be removed in its entirety
and that there was no way in which the horizontal section of the rail could be
separated from the two vertical sections short of cutting them apart with a torch
or hack saw. Carrier posits that besides cutting the guard rail into three
(3)
pieces the only other way to meet that which is sought here by the Sheet Metal.
Workers' Organization is to have Machinists start to lift the rail out of the
brackets and then sin Sheet Metal Workers to complete moving it out of the way.
Carrier characterizes these two alternatives as obviously absurd procedures,
citing Second Division Award 1321 in relevant part in support of its assigning
the subject work to Machinists as follows:
11.00
where an agreement is equally susceptible of two meanings,
one of which would lead to a sensible result and another to
an absurd one, the former will be adopted."
In addition Carrier argues the instant claim is non-meritorious as there
was no deprivation of work involved. Carrier notes the Claimants were on duty
and under pay at the time the disputed work was performed. Accordingly, Carrier
argues, Claimants suffered no loss and therefore are not entitled to compensation
even if the disputed work had been misassigned. Carrier concludes by asserting
the instant claim is without merit or rule support and therefore should be
denied.
In our review of all the evidence of record, the Board is persuaded
Form 1
Page 4
Award No. 9012
Docket No. 8552-T
2-MP-SM-182
that what we have here is a case in which advanced technology has rendered the
literal words of a settlement agreement made over a quarter of a century ago
virtually useless in reaching a resolution of the instant dispute. In the
earlier age a handrail it appears, was commonly believed to be a horizontal
pipe secured onto and supported by posts also made of metal. Back then we
perceive it was axiomatic that a handrail was a handrail was a handrail. This
distinction as to what is a handrail today is blurred by the fact that the
rail
in
question is of a one piece construction. Nonetheless we believe common
sense would dictate that the work of removing and reinstalling the subject rail
is work reserved to the Machinist Craft as this work requires freeing the post
part of the railing from the mounted brackets secured to the floor of the
locomotive.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad=Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By b
,~k/~-
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of April, 1982.