Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10049
SECOND DIVISION Docket No. 9292-T
2-SCL-SM-184
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( Seaboard Coast Line'Railroad Company
Dispute: Claim of Employes:
1. On October 15, 1979, at Seaboard Coast Line Railroad Shop and Yards
(enginehouse), Waycross, Georgia, the foreman assigned Hostlers and
Hostler Helpers to disconnect air hose between diesel locomotives.
Work which Sheet Metal Workers had performed for years.
2. Claim being a continuous claim in behalf of Sheet Metal Workers J. W.
Smith, E. F. Dixion, Troy Davis, C. M. Windham, S. P. Cribb, C. L.
Trouman, Gerald Hart, J. L. Baskin, Harry Killens, W. B. West, and
Dwight Herrin for eight (8) hours at time and one-half rate for each
shift worked until claim is settled. To be divided equal between
claimants.
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.
The organization contends that Carrier violated the Controlling Agreement,
particularly Rules 85 and 26(a) when employes other than Sheet Metal Workers were
assigned to disconnect air hoses between locomotives at the new enginehouse situs
located at Waycross, Georgia. It asserts that this work has been traditionally
performed by Sheet Metal Workers at the old enginehouse facility located within
Waycross Yards, and avers that it was an usurpation of their duties when Hostlers
disconnected the air hoses. The Organization asserts that contrary to Carries^'s
position that the work was performed under different conditions, locomotives are
disconnected on the West end of both engine houses with the derailer at the West
end of the inbound locomotives. It maintains that the statements of Sheet Metal
Workers, other employes and the Local Chairman of the United Transportation Union
clearly attest that the work was performed by Sheet Metal Workers.
Form 1 Award No. 10049
Page 2 Docket No. 9292-T
2-SCL-SM-184
Carrier contends that the work of disconnecting air hoses on diesel
locomotives at the old enginehouse was work incidental to the performance of
Sheet Metal Workers duties, such as isolating a unit for testing and inspection
or replacing a defective hose. It asserts that at the new enginehouse or service
center, it is no longer necessary for Sheet Metal Workers to go outside the shop
building to begin their work because the diesel units are fueled, watered and
sanded inside the new facility. It avers that unlike the task conditions that
prevailed at the old enginehouse when the aforesaid servicing was performed
outside the shop facility, servicing is now performed inside the new facility,
thus obviating the need for routine checks and inspection. It maintains that it
is not restricted by any Agreement Rule or system wide past practice from assigning
this work to the Hostlers and argues that the United Transportation Union's (UTU)
Agreement which covers the Hostlers and Hostler Helpers permits employes of this
class to couple and uncouple air hoses on diesel locomotives.
The United Transportation Union (UTU) as an interested third party and representing
the Hostlers and Hostler Helpers noted that Article 48(f) 2(2) and 3 provides
that Hostlers and Hostler Helpers maxi be required to couple or uncouple air hoses
between diesel units. It observed that the footnote to this provision qualifies
this assignment as permissive in nature and not intended to supplant or otherwise'
infringe upon the contractual rights or obligations of any other craft or class.
It affirmed that the work has historically been performed at Waycross by the
Sheet Metal Workers and indicated that it was not contesting dais assignment.
In our review of this case, we concur with the Organization's position that
the work of
connecting and
disconnecting locomotive diesels belongs to the Sheet
Metal Workers at Waycross, Georgia. The work performed was incidental to the
Sheet Metal Workers primary duties in the shop or service center and were recognized
as such when the work was performed at the old enginehouse. While Carrier has
argued that the work was performed in the transportation yard outside the new
service center, we find this argument a distinction without a difference. The
work was performed contiguous to the new enginehouse, but its proximate relationship
to the main function, namely, the maintenance and repair of the diesel locomotives,
is a significant pivotal consideration. We recognize, of course, that other
crafts and employe organization labor contracts contain provisions permitting
covered employes to couple and uncouple air hoses, but the application of those
provisions are conditioned upon the incidental relationship of the work to the
type of work generally recognized as that craft or class work. In the instant
case and under the situational circumstances present at Waycross, Georgia connecting
and disconnecting of the air hoses was work generally considered as Sheet Metal
Workers work. This was not contested by the United Transportation Union; it was,
in fact, confirmed by this potential competitor.
Form 1 Award No. 10049
Page 3 Docket No. 9292-T
2-SCL-SM-'84
On the other hand, we agree with Carrier that it would be imprudent to award
aggregated monetary damages since the claim lacks the specificity needed to determine
the proper amount of monetary relief. We have no precise indication as to the
exact dates and time the work was performed, and we cannot interpolate an estimated
amount.
A W A
R D
Claim sustained to the extent expressed herein.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of Second
Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of August
1984.