Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10159
SECOND DIVISION Docket No. 9476-T
2-SCL -SM-'84
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. Continuous claim in behalf of Sheet Metal Workers J. 0. Parham, W. K.
Petrey, Jr., E. L. Blenman, L. G. Head, Jr., M. M. Moody, D. L. Mains,
W. T. Roberts, K. R. Ward, W. L. Carswell, J. E. Hammitt and C. R.
Moore.
2. Claim being for four (4) hours per shift, per day, at time and one half
rate of pay until claim is settled, to be divided equally.
3. Claim being due to others (Hostlers & Hosteler (sic) Helpers) disconnecting
and connecting of air hose, opening and closing valves by others than
Sheet Metal Workers.
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 April 28, 1980, the organization initiated what is characterized as a
continuing claim
charging that the Carrier was assigning Hostlers to perform work
which was exclusively and historically reserved to the Sheet Metal Workers. The
claim specified eleven dates between March 5, 1980 and April 9, 1980 when the
Carrier purportedly assigned Hostlers and Hostler Helpers to.disconnect and
connect rubber air hoses between diesel locomotive units in a consist (as well as
opening and closing the connecting valves on the engines) during the second shift
at Moncrief Yard. Claimants, Sheet Metal Workers at West Jacksonville, seek
twelve hours of pay per day at the overtime rate to be divided among the eleven
Claimants for each day the Carrier's alleged violation continues. While the
Carrier vigorously contests that the disputed work belongs exclusively to Sheet
Metal Workers, it does not deny that Hostlers performed the work on the eleven
dates set forth in the original claim.
Form 1 Award No. 10159
Page 2 Docket No. 9476-T
2-SCL-SM-184
Citing Rules 85 and 26(a), the organization argues that the air hoses
between diesel locomotives are equivalent to the "...connecting and disconnecting
of-steam pipes...". The air hose, which screws into an air pipe on each
locomotive is a continuation of a piping conduit and thus, functions like a cast
iron pipe. Alternatively, the disputed work has been reserved exclusively to
Sheet Metal Workers because the parties have recognized that the work belongs to
Sheet Metal Workers pursuant to the final, catchall provision of Rule 85. On the
property, the Organization presented written statements from Electricians and
Machinists as well as Sheet Metal Workers attesting that, historically, only
Sheet Metal Workers have connected and disconnected air hoses between locomotive
units. Four Sheet Metal Workers asserted that they regularly traveled from West
Jacksonville to Moncrief Yard for the sole purpose of connecting and disconnecting
the air lines between units. To further buttress its contention that the Carrier.,
in the past, assigned the disputed work to Sheet Metal Workers, the organization
provided proof that the Carrier's local officials honored time claims (from 1975
to 1978) based on similar misassignments of the disputed work to Hostlers at
Moncrief Yard. Finally, the organization submits that the prior Shop Superintendent
orally assured local organization officers that Sheet Metal Workers at West Jacksonville
would be sent to Moncrief Yard to perform air hose connection and uncoupling as
needed. A new Shop Superintendent, according to the organization, upset a thirty
year historical practice and vitiated an August 10, 1975 local understanding by
unilaterally taking the disputed work away from Sheet Metal Workers and assigning
it to the operating crafts.
At the onset, the Carrier points out that the Organization's original claim
covers only eleven specific occurrences of an alleged rule violation and thus, -
except for vague assertions, the organization has failed to properly allege a
continuing violation. Turning to the merits, the Carrier contends that Rule 85
does not expressly vest Sheet Metal Workers with the exclusive jurisdiction to
connect and disconnect air hoses between diesel units. The prior practice
demonstrates that the disputed work was not expressly relegated to Sheet Metal
Workers but has been customarily performed by a number of crafts including
Hostlers and Hostler Helpers. Hostlers are constantly assembling and disassembling
consists and, during the course of their normal duties, must incidentally couple
and uncouple the air hoses between units. Rebutting the statements tendered by
the Sheet Metal Workers, several Carrier Foremen declared that they have observed!
Hostlers and Hostler Helpers coupling and uncoupling hoses on consists at
Moncrief Yard (since 1963). While the Carrier acknowledges the existence of a
local understanding between its officials and the Organization's representative
(entered into after many forces were relocated to West Jacksonville), it emphasizes
that the agreement gave Sheet Metal Workers exclusivity over work involving air
hose repairs and certain tests and inspections. Claims were allowed only when
there was a high probability that a Hostler not only coupled or uncoupled the air
hose but also repaired the hose. Even if the prior Supervisor paid some claims
premised entirely on connecting or disconnecting the air hose, the local official's
action was not a binding precedent since he lacked the authority to interpret the
relevant Agreement. The Organization failed to proffer any documents proving
that the Carrier's highest designated officer honored a claim involving the work
in question. Moreover, after 1978, the Carrier repeatedly denied claims filed by
the organization pertaining to the assignment of the disputed work to other crafts. ~`
Despite the denials, the Organization simply abandoned the claims manifesting an
acceptance of the Carrier's position.
Form 1 Award No. 10159
Page 3 Docket No. 9476-T
2-SCL-SM-184
The United Transportation Union, in a brief third party statement, declared
that since the disputed work does not belong exclusively to the Firemen's craft,
other crafts could perform the work. However, employees covered by the applicable
UTU-E Agreement may be assigned to perform the work in question.
In this case, the organization has defined the disputed work as the connecting
and disconnecting of air hoses between locomotive units in consists. There is no
allegation that another craft either repaired an air hose or performed outbound
inspections and
tests which are ordinarily accomplished by Sheet Metal Workers.
Thus, this Board can only decide if the connecting and disconnecting of air hoses
at Moncrief Yard is work exclusively reserved to Sheet Metal Workers by either
express rule or past practice.
The disputed work is not expressly enumerated in the Sheet Metal Workers'
Classification of Work Rule. Second Division Award No. 9234 (Scheinman). Award
No. 9234 found that similar work (the connection and disconnection of passenger
car steam connectors) was not expressly within the Sheet Metal Workers'
Classification of Work Rule. See also Public Law Board No. 2467, Award No. 1
(Lane). The understanding reached between a local Supervisor and the organization
in 1975 also does not expressly cover the work in dispute since the organization
has provided this Board with only a vague description of the terms of the
understanding. In addition, local agreements or accommodations may be evidence
of a past practice but are not necessarily enforceable interpretations of the
applicable Agreement.
If the work is not expressly within the scope of Rule 85, the organization
bears the burden of proving that Sheet Metal Workers exclusively, customarily,
traditionally and historically connected and disconnected the air hoses in
question. The evidence presented by the organization to support the existence of
a past practice is, at best, inconclusive. Sheet Metal Workers did occasionally
perform the disputed work but not exclusively. When the work was assigned to
workers in other crafts, the organization would sometimes file a claim. The
claims were sometimes paid, sometimes denied and appealed and sometimes denied
and abandoned. The
inconsistent and
diverse dispositions of these prior claims
demonstrate that the Sheet Metal Workers did not perform the work to the
exclusion of other workers. Even before 1979, Hostlers (and others) regularly
performed the disputed work during the normal course of switching, assembling and
disassembling consists. Absent evidence that the Carrier routinely and regularly
sent Sheet Metal Workers to Moncrief Yard solely and specifically to couple or
uncouple air hoses between locomotive units, we must deny this claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.,- Executive Secretary
Dated at Chicago, Illinois, this 5th day of December 1984.