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:













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.



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::




        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

                                                          -00