Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9947
SECOND DIVISION Locket No. 9311-T
2-BN-MA-'84
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( International Association of Machnists and
( Aerospace Workers, AFL-CIO
Parties to Dispute:
( Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That under the current agreement, Carrier improperly assigned to
Employes other than Machinists, at its Roadway Work Equipment Shop, Livingston,
Montana, the
work of laying out, aligning and drilling of holes necessary for the
installation of the main jack shaft bearing, bush drive jack shaft, hydraulic
motor, gear bar, brush reel bearing, drive reel bearing and chain guard on BA'
Kribber BNX180009. This work was performed by members of the Boilermakers
craft on March 4 and 5, 1980, at the Carrier's direction.
2. That the Carrier accordingly compensate Machinist P. J. Boehm for eight
hours of work at the regular rate of pay for failure to assign to him the aforementioned rbrk reserved to Machinists by the controlling agreement.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and aL11
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute
are ze spectively 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.
The Machinist Organization contends that Carrier violated the Controlling
Agreement when it assigned employees other than Machinists on March 4 and 5, 1980
to perform work in the assembly o f Kribber BNX 180009 that was protected by
Agreement Rule 51. The disputed work was performed at Carrier's Roadway Equipment
Shop located in Livingston, Montana. The Organization asserts that the work
was performed on machinery that falls within the ambit of Rule 51 defining coverage
and avers that past practice and the confirmatory
statements of
machinists who
performed this type of work .fore clearly establishes that it accrues to the
Machinists. It avers that Rule 93 regarding craft jurisdictional controversy
precludes Carrier from reassigning contested work to other crafts and asserts
that the work was not included in the Boilermaker's Scope Rule, particularly in
connection with Boilermaker's work. It maintains that the work was performed in
connection with the assemblying and/or maintenance of machinery which is Machinists'
work.
Form 1 Award No. 9947
Page 2 Locket No. 9311--T
2-BN-MA-184
The Boilermaker's Organization as a third party of interest contends that: the
drilling work performed involved the fabrication o f a complete new frame for the
Kribber equipment and the specific tasks of laying out and cutting frame materials;
laying out and drilling holes and final assembly welding was Boilermaker's work. It
asserts that Rule 57 of the Boilermakers' Controlling Agreement explicitly
encompasses these functional activities and argues that they were performed in
connection with Boilermaker's work. It avers that the language in Rule 51 of the
Machinist's Agreement is general in nature and not applicable here. Several
members of the Boilermaker's craft submitted signed statements attesting that the
work of rebuilding Kribber Frances was traditionally performed by Boilermakers
which included the laying out and drilling of holes on the completed frame.
Carrier contends that the Machinist Organization's petition lacks arbitrability
since the organization failed to settle the jurisdictional claim in accordance
with Rule 93 of the Machinist Agreement. It further argues that Rule 51 of this
Agreement does not state that the aligning and drilling of holes in a Kribber
is exclusively Machinist work and asserts that the Machinists have not demonstrated
by verification of systemwide practice that such work was uniformly performed by
them. It avers that the fabrication o f the frame which, in this instance, necessitates
the drilling of holes pursuant to blueprint and pattern was Boilermaker's work
and notes that it was performed antecedent to the work that is then customarily
performed by Machinists.
In our review of this case, se concur with the Machinist Organization's
position. Careful analysis of the work performed does not indicate that it was
specifically and directly related to the fabrication o f the Kribber frame, ' but
shows that it was more akin to the work covered by Rule 51 that reserves work
involving the drilling of holes in metal used in assembling or
maintaining machinery
tc
the Machinists. The disputed work was not performed in connection with Boilermakers
work as such work is delineated in Rule 57 of the Boilermaker's Agreement;
but it was performed as a necessary integral precondition for the installation of
the component parts of the Kribber. This is the pivotal defining ingredient and
the work accrues to the Machinists.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. a Executive Secretary
Dated at Chicago, Illinois, this 13th day of June, 1984