Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9o+7
SECOND DIVISION Docket No.
9146-T
2-SPT-SM-182
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:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
That claimants, Sheet Metal Workers R. C. Saber and J. DeFrisco be
paid by Carrier, (16) sixteen hours pay each at their pro-rata rates.
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.
On May 28, 1980, the Carrier assigned Carmen to disconnect and remove
18 gauge and 22 gauge sheet metal blower pipe from machinery in an ostensibly
abandoned Car Department at Sacramento. Previously, pursuant to a November 1,
1979 agreement between the Organization and the Carrier, the two Sheet Metal
Worker positions at Sacramento Car Shop No. 9 had been transferred to the new
facility at Roseville, California. Claimants are regularly assigned Sheet Metal
Workers at the Carrier's Heavy Locomotive Maintenance Plant which is adjacent
to Car Department No. 9.
The Organization contends the Carrier violated Rules 33, 36 and 77 of the
applicable agreement when it assigned other than Sheet Metal Workers to dismantle
the exhaust pipe system in Car Shop No. 9 especially since the equipment had been
installed by Sheet Metal Workers. The Organization asserts the following language
in the Classification of Work Rule (Rule
77)
expressly and specifically covers
the disputed work: "Sheet Metal Workers' work shall consist of
...
dismantling
...
parts made of sheet
...
iron of 10 gauge or lighter
...
and all other work
generally recognized as Sheet Metal Workers' work."
The Carrier claims it had the discretion to assign the disputed work to
Carmen since all regular Sheet Metal Workers at car Shop NQ.-9 had been transferred
to Roseville. The Carrier argues that, in this case, the special skills of the
sheet metal craft were not necessary to perform the work since the Carmen were
merely dismantling parts in an abandoned facility which were to be scrapped and
sold. The Carrier alternatively argues that even if this Board sustains the
Organization's claim, the disputed work took only four hours to perform so
Claimants are entitled to no more than four hours of pay.
Form 1 Award No.
9047
Page 2 Docket No.
9146-T
2-SPT-SM-182
The November 1, 1979 agreement is not material to this dispute. The
agreement covers the transfer of positions and work from the Sacramento facility
to the new Car Shop in Roseville. The disputed work in this case remained at
Sacramento where Claimants are stationed.
Rule 77, by its clear and unambiguous language, controls the assignment of
the disputed work. The dismantling of the exhaust blower pipe system was expressly
reserved to Sheet Metal Workers regardless of whether the Carrier was going to
reuse, scrap or sell the parts. Thus, the Carrier improperly assigned the dismantlemeet of the metal blower pipe to Carmen on May 28,
1980.
The disputed work consumedr,approximately four hours of time. Therefore, each
Claimant is entitled to two hours of pay at the straight time rate in effect on
May 28,
1980.
A W A R D
Claim sustained to the extent consistent with our Findings.
NATIONAL RAILROAD 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 21st day of April, 1982.