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:









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.



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.


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


      ~2,0 og- AO w

ATTEST
          Nanc,e~Dever - Executive Secretary


Dated at Chicago, Illinois this 7th day o f March, 1984