Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9179
SECOND DIVISION Docket No. 8635-T
2-MP-SM-'82
The Second Division consisted of the regular members and in
addition Referee George E. Larney 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 the controlling
agreement, particularly Rule 97 and the Transfer of Work Agreement of
1940, when on August 15, 1978, other than Sheet Metal Workers were
assigned the duties of assembling fan frame and stand, in Electric
Shop, North Little Rock, Arkansas.
2. That accordingly, the Missouri Pacific Railroad Company be ordered to
compensate Sheet Metal Worker T. L. Campbell four (4) hours at the
punitive rate of pay for such violation.
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 thin 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.
Complainant Organization, the Sheet Metal Workers, allege that on date of
August 15, 1978, Carrier violated its Classification of Work Rule, Rule 97 of the
controlling Agreement effective June 1,
1960,
and the Transfer of Work Agreement of
1940, when it assigned employes of the Machinists' and Electricians' Crafts to
complete the assembly of a portable electric floor fan, which work had originally
been assigned to Sheet Metal Worker, M. E. Smith. Rule 97 reads in relevant part
as follows:
"Sheet Metal Workers work shall consist of tinning,
coppersmithing and pipefitting in shops on passenger
coaches, cabooses and commissary cars and engines of
all kinds; the building, erecting, assembling, installing,
dismantling and maintaining parts made of sheet copper,
brass, tin, zinc, white metal, lead, black, planished,
pickled and glavanized iron of 10 gauge and lighter
XXX
and all other work generally recognized as Sheet Metal
Workers' work."
Form 1 Award No. 9179
Page 2
Docket No
. 8635-T
2-MP-SM-182
And the Transfer of Work Agreement of 1940, reads in full as follows:
"MISSOURI PACIFIC RAILROAD COMPANY
May 1, 1940
A-Co 360-849
Mr. J. J. Byrne
President - System Federation No. 2-AFL
York Hotel
St. Louis, Missouri
Mr. R. E. Cline
Secretary - System Federation No. 2-AFL
York Hotel
St. Louis, Missouri
Gentlemen
It is not our policy to arbitrarily transfer work from one
craft to another without an understanding having been had
prior to the transfer with the appropriate representative
of the employes and this policy will be followed.
Very truly,
/s/ 0. A. Garber
Chief Mechanical Officer
/s/ M. C. Coad
Special Asst. Personnel"
Specifically, according to Complainant Organization, the disputed work
involved the assembling of metal fan frames and metal stands made of three-quarter
(3/4) inch pipe, one-half (1/2) inch pipe and twenty (20) gauge metal bolted
together with sheet metal screws.
The record evidence reflects that Carrier first assigned M. E. Smith, a
Sheet Metal Worker employed at Carrier's Electric Shop Facility at North Little
Rock, Arkansas, the work of assembling the fan which was made of prefabricated
steel tubing, pre-bent to the necessary shape and length by the manufacturer
and held together by machine bolts and nuts. According to the Carrier, Sheet
Metal Worker Smith removed the safety guard from the pre-assembled fan housing,
drilled through the housing on each side, secured the fan to the stand, and
replaced the safety guard, resecuring the guard with sheet metal screws. Thereafter
Smith was reassigned to other work and the job of completing the assembly of the
fan was performed by one employe of the machinist Craft and by one employe of the
Electrician Craft.
Complainant Organization argues that the total work of assembling the fan in
question is work reserved to its Craft by its Classification of Work Rule, Rule
Form 1
Page
3
Award No. 9179
Docket No.
8635-T
2-MP-SM-'82
In support of its assertion; Complainant organization cites the fact Carrier, in
the first instance, properly assigned the work to a Sheet Metal Worker. Therefore,
the Organization asserts, Carrier knew this work belonged to the Sheet Metal
Craft and it erred when it permitted employes of other Crafts to complete the subject
job assignment. '
Carrier defends its actions by asserting the subject work overall is not
reserved to any of the three
(3)
Crafts either by Agreement Rule or by past
practice. In conjunction with this point, Carrier characterizes the fan's
construction as being unremarkable, the kind of fan which could be utilized for
home ventilation, and thus argues the fan did not require the skills of any
particular Craft in order to be properly assembled. The Carrier maintains that
Rule
97,
relied upon by Complainant Organization is silent with regard to the
specific task of assembly, using supplied nuts and bolts, of a pre-fabricated floor
fan stand made of pre-formed and cut steel tubing. While Carrier notes Sheet
Metal Workers have in the past performed saran such assembly work, this type of
work is not exclusively reserved to the Sheet Metal Craft, as such work has also
been performed by the other crafts as well. With this being the case, Carrier
argues the
1940
Transfer of Work Agreement, also cited and relied upon by
Complainant Organization, could not have been violated as this Agreement is a
unilateral pledge on its part not to arbitrarily give work to one craft that is
reserved exclusively by Agreement Rule or practice to another craft. Carrier
further argues that Complainant Organization has failed in its burden to support
its contentions as no proof has been produced to show exclusivity of work or the
fact that any special skill was required to perform the disputed work.
In our review of all the record evidence, it is the Board's determination
Complainant Organization has failed to prove the disputed work belongs exclusively
to employes of its Craft either by Agreement Rule or past practice. In so
finding, we must accordingly deny the instant claim.
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 /
l~ ~/~.
-`#osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 22nd day of July, 1982