Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 9482
SECOND DIVISION
Docket No.
9145-T
2-SPT-SM-183
The Second
Division
consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( Sheet Metal Workers International Association
Parties to Dispute:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
(1) That abolishment of positions of claimants, Sheet Metal Workers J. G.
O'Rourke and R. J. Flores, lead sheet metal workers positions IS-0502
and LS-0510 including work with Comptrollers office, be rescinded and
that said positions be maintained as part of the team or group of
employes until the project is completed or until all positions in the
group are abolished.
(2) That any and all employes of the Sheet Metal Workers Craft adversely
affected as result of the arbitrary abolishment of these positions
and replacement of one position by employee of other craft, who would
therefore be entitled to reparation as result of this discriminatory act and
unfair labor practice by Carrier, be afforded such reparation by Carrier.
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.
This dispute concerns the abolishment of two Sheet Metal Workers' positions
in a group project involving employes of several crafts. The work consisted of
providing a data base for computerization of information concerning materials and
manpower required in repair work. The Sheet Metal Workers positions were abolished
on May
13, 1980.
At about the same time, an additional employe of the Machinist
craft was added to the group.
The International Association of Machinists and Aerospace Workers was
notified as having possible third party interest and filed a response.
The Organization has failed to show any evidence that work of the Sheet
Metal Workers craft was continued in the group project following the abolishment
of the Sheet Metal Workers positions. The employes involved in the job abolishments
were placed elsewhere in accordance with the scheduled agreement. Absent a showing
of work properly belonging to Sheet Metal Workers craft being performed by others,
there is no support for the claim.
Form 1 Award No. 9482
Page 2 Docket No.
9145-T
2-SPT-SM-'83
With this finding, it is unnecessary for the Board to review the various
procedural arguments raised by the Carrier as to the propriety of the claim as
brought to the Board.
A W A R D
Claim denied.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
~Z
osemarie Brasch - Administrative Assistant
Dat at Chicago, Illinois, this 11th day of May, 1983.