Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9820
SECOND DIVISION Docket No. 9662
2-N&W-CM-' 84
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Norfolk Western Railway Company violated the Controlling Agreement,
when they improperly assigned and used Car Repairer L. T. Whitlock
and Apprentice Car Repairer R. L. Wade 'to perform Carman Painter's
Work at Roanoke East End Shops, Roanoke, Virginia, beginning may 15,
1980 and
continuing through
October 1980.
2. That Accordingly, the Norfolk Western Railway Company compensate the
following named Carmen Painters D. J. Thomassan and R. L. Ginter respectively,
eight (8) hours pay each at the time and one-half rate, for each day
beginning May
15, 1980 and continuing through October 1980.
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 employes 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.
Between June and October, 1980, the Carrier was engaged in the assembly of
covered hopper cars at its Roanoke Car Shop. Cars proceed to various stations
where specific work is performed. One of the last stations on the assembly line
is #2 Welding Station where the chutes are
welded to
the car body. The welds are
then ground down and a coat of primer is painted on the seam where the chute
joins the floor of the hopper car.
It should be noted that at the #2
Welding Station,
the car is on its side.
After it leaves this station, it is turned upright, trucks are added, and it is
rolled into the Paint Shop.
a,
Form 1 Award No. 9820
Page 2 Docket No. 9662
VOW
2-N&W-CM-'84
It is the Employes' position that at the Roanoke Shops the work of caulking
and painting hopper cars has always been considered Painter's work. The Employes
emphasize that separate rosters are maintained for Painters and Carmen. While
Carmen have historicaly primed and caulked components of freight cars during both
the manufacture and repair of those cars, the Employes insist that they have
never applied paint to the finished product such as they did here. The Employes
assert that the work in dispute was reserved to Painters by Rule No. 103 -
Classification of Work. It therefore, requests this Division to uphold the
instant claim due to Carrier's violation of this Rule.
After carefully reviewing the record before us this Division is not
convinced that the work in question has been contractually reserved to Painters
assigned to the Roanoke Car Shop. The work involved grinding down the rough
edges of the hopper car chute after they were welded in place, and applying a
primer coat of exterior paint to the seam on the inside of these chutes. It must
be emphasized that at this point in the assembly production, the car body has not
yet been trucked, and the car body was on its side. The chute is therefore
readily accessible to a Carman who can easily climb into it and apply the primer.
Once the car leaves this station it is set upright on its trucks. Consequently,
it would be virtually impossible for a Painter to perform this priming function.
This is precisely why Carmen have traditionally performed this function at
Carrier's Roanoke Car
Shop.
In our judgment, it is of no consequence that the Carmen may have used an
exterior paint, rather than a priming paint in the case at hand. It is the nature
of the work performed, not the material used, that is controlling. The paint was
applied to the seam where the chute was welded to the car body. This was obviously
a protective priming coat regardless of the type of paint used. As observed
above, work of this nature has historically been performed by Carmen assigned to
Carrier's Roanoke Car Shop. Consequently, the instant claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
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ATTEST
Nanc,e~Dever - Executive Secretary
Dated at Chicago, Illinois this 7th day o f March, 1984