Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10119
SECOND DIVISION Docket No. 9789-T
2-MP-SM-'84
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the controlling
agreement, particularly Rule 97, and Letter of Understanding of May 1,
1940 when Electrician Caten was assigned the duties of wire brushing
dirt and debris from air conditioning condenser coils, blowing coils with
compressed air on unit in main office, Pike Avenue Diesel Shops on
July 9, 1980, and on July 10, 1980, he brushed dirt and debris and blowed
coils and changed ai.. filters on return air from air conditioning unit
in Engineers Training Classroom.
2. That accordingly, the Missouri Pacific Railroad Company be ordered to
compensate Sheet Metal Worker J. Lantrip in the amount of six hours
(6') account he was available to perform this Sheet Metal Workers'
work.
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.
On July 9, 1980 Electrician J. W. Canton was assigned to clean dirt and debris
from the condenser coils of the Pike Avenue Diesel Shop Office air conditioning
unit. The cleaning consisted of wire brushing the dirt from the air condenser
coils, and then blowing the dirt off the coils with compressed air. On July 10_
1980 Mr. Canton was assigned to perform the same function of cleaning the coils of
the air conditioning unit in the Engineers Training Classroom, and he also changed
the fiberglass air filters on the return air on the unit.
The Sheet Metal Workers Organization filed a claim on behalf of Sheet Metal
Worker Lantrip contending that the arive described work is allocated to the Sheet
Metal Workers craft by Rule 97- that Award 374 specifies that the work in question
is done by the Sheet Metal workers craft; that the May 1, 1940 Letter of Understanding
which provides that no work will be transferred from one craft to another without the
consent of the General Chairman was violated since the General Chairman did not
agree to the transfer in this area; and that Second Division Award 7579 supports
the Organization's position. The Carrier disagrees with the Organization's contentions.
Form 1 Award No. 10119
Page 2 Docket No. 9789-T
2-MP-SM-'84
Rule 97 of the controlling agreement states in part:
"Sheet Metal Workers'
...
work shall consist of tinning, coppersmithing
and pipefitting in shops, on passenger coaches; cabooses and commissary
cars
...
and engines of all kinds; the building, erecting, assembling_
installing, dismantling
...
and maintaining parts made of sheet copper,
brass, tin, zinc, white metal, lead, black, planished, pickled and
galvanized iron of 10 guage and lighter
...
including brazing, soldering,
tinning, leading
...
and all other work generally recognized as Sheet
Metal Workers' work."
This rule does not set forth that cleaning air conditioning condenser coils or
changing fiberglass air filters is work exclusively reserved to the Sheet Metal
Workers' craft. Nor does the record disclose that there is an exclusive past
practice at North Little Rock -- not to mention a systemwide past practice -for the Sheet Metal Workers to perform the work of cleaning office 4i_r conditioner
coils and changing air filters. Statements of record from Supervisors and
Electricians indicate that the work in question has been performed at North Litt=le
Rock in the past by Electricians. Mr. Davidson's November 4, 1980 letter recognizes
that the Carrier has consistently given this work to the Electrical craft. Statements
of record from Sheet Metal Workers at North Little Rock would also indicate that
Sheet Metal Workers have performed the work in question in the past. Clearly,
however, Sheet Metal Workers have not performed the work in question exclusively at
North Little Rock. The Organization's contentions based on Rule 97 are rejected.
Award 374 does not apply to the work of cleaning air conditioner coils and
changing air conditioner air filters; and contentions based on this award are
rejected.
The May 1, 1940 Letter of Understanding is not applicable in the instant case
for there is no showing that the work was transferred from one craft to another.
We find that Second Division Award No. 7579 does not support the Organization's
position that cleaning air conditioner coils or changing air filters is work
exclusively reserved to the Sheet Metal Workers' craft.
We must deny this claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy I.~ever - Executive Secretary
Dated at Chicago, Illinois, this
17th day of October 1984.