Form 1 NATIONAL RIALROAD ADJUSTMENT BOARD Award No. 10096
SECOND DIVISION Docket No. 9200-T
2-TRRAofStL-SM-'84
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:
( Terminal'Railroad Association of St. Louis
Dispute: Claim of Employes:
1. That the Terminal Railroad Association of St. Louis violated Rules 79
and 81 of the controlling agreement when they arbitrarily assigned a
B&B mechanic to exclusive driving of the company truck for Sheet
Metal Workers and assigned him to perform Sheet Metal Workers' work
on a part time basis, St. Louis, Missouri.
2. That accordingly, Sheet Metal Workers Billy Hall, R. L. Kranzler,
Thomas R. Webb, Stephen L. Wolf, William Eckstein and Vernon Levandoski,
who were available to perform this work, be compensated in the amount
of eight hours (8') per day beginning December 21, 1979, the date the
B&B mechanic was assigned to perform this work per Bulletin No. 608
(Exhibit "H", attached).
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 Brotherhood of Maintenance of Way Employes, a third party at interest,
was notified of this dispute and made a response.
On December 21, 1979, the Carrier filled a position of Bridge & Building
Mechanic-Motor Truck Operator with an employe represented by Brotherhood of
Maintenance of Way Employes. The position was vacant, owing to the departure
from the position over a number of years of another Maintenance of Way employe.
The work involves delivery by vehicle of parts and supplies to Sheet Metal
Workers.
The Organization argues that the work should be assigned to an employe in
the Sheet Metal craft, under the terms of Rules 79 and 81, which read as follow::
"RULE 79
CLASSIFICATION OF WORK
Sheet metal workers' work shall consist of
tinning, copper
smithing
and pipe fitting in shops, yards, buildings, on passenger coaches and
engines of all kinds, the building, erecting, assembling, installing,
Form 1 Award No. 10096
Page 2 Docket No. 9200-T
2-TRRAofStL-SM-'84
dismantling and
maintaining parts
made of sheet copper, brass, tin,
zinc, white metal, lead, black, planished, pickled and galvanized
iron of ten gauge and lighter (present practice between sheet metal
workers and boilermakers to continue relative to gauge of iron or
steel), including brazing, soldering,
tinning, leading
and babbitting,
the bending, fitting, cutting, threading, brazing, connecting and
disconnection of air (except airbrake pipes on freight cars), water,
gas, oil and steam pipes; the operating of babbitt fires (in connection
with sheet metal workers' work); oxyacetylene, thermit and electric
welding on work generally recognized as sheet metal workers' work,
and all other work generally recognized as sheet metal workers' work.
NOTE--The use of the word "dismantling" in the fourth line is subject
to the reservation in the sixth paragraph of Rule 27."
"RULE 81
SHEET METAL WORKER HELPERS
Employees regularly asigned as helpers to assist sheet metal workers
and apprentices in their various classifications of work, shall be
known as sheet metal workers' helpers."
The Board fails to find, in the cited rules, any reservation on an exclusive
basis to Sheet Metal Workers of the position under review. The Carrier has
shown, without contradiction, that this particular task has been regularly
assigned to a Maintenance of Way employe for many years. The Organization's
claim, on the occasion of a change of
personnel in
the position, offers no
basis to suggest that this work should be or must be work assigned exclusively
to the Sheet Metal craft.
A W A R D
Claim denied.
NATIONAL RAILROAD ADZ7USTMENT BOARD
By Order of Second Division
Attest:
Nanc,w?. Dever - Executive Secretary
Dated at Chicago, Illinois, this 26th day of
September, 1984
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