Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10193
SECOND DIVISION Docket No. 9987-T
2-RF&P-SM-'84
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:
( Richmond, Fredericksburg and Potomac Railroad Company
Dispute: Claim of Employes:
1. That the Carrier, under the current working agreement between the sheet
metal workers and the Carrier, violated Rule #111 of the agreement.
2. That, accordingly, the Carrier be ordered to compensate the employee
Herberg G. Barrett, Sr. eight hours pay at time and one. half.
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.
Claimant contends that Carrier violated the Controlling Agreement when it
permitted a non-agreement covered employee to perform work which was protected by
Rule 111. It asserts that the violation occurred on October 24, 1981 when a
Machinist removed and replaced piping while making repairs on a stationary air
compressor located in the southbound class yard of Potomac Yard. It maintains
that the connecting and disconnecting of piping belongs to the employes covered
by the Sheet Metal Workers' Agreement, and avers that it was recognized as
protected work by the Machinist who performed it. It argues that the work cannot
be condoned by an averment that it was incidental to the machinist's primary
repair duties since the Agreement's Incidental Work Rule, Rule 59, applying to
rolling stock is inapplicable here. It asserts that Carrier also violated Rule 7
when it did not observe the requirement that men on the overtime list will be
called in turn to perform overtime.
Carrier avers that the work was trivial in nature and incidental to the main
work performed by the Machinist. It asserts that it was performed in connection
with replacing the air/oil compressor, which did not require any special skill-5.
It argues that the Agreement's Incidental Work Rule does not address this situation
since the equipment repaired was not rolling stock, and cited several Second
Division Awards to substantiate its interpretative position. See Second Division
Award Nos. 1996, 4962, 5327, 5495 et a1.
Form 1 Award No. 10193
Page 2 Docket No. 9987-T
2-RF&P-SM-'84
In our review of this case, we concur with Carrier's position. The work
performed was clearly incidental work and not precluded by any specific Agreement
provision. The Incidental Work Rule is inapplicable here since the work was not
performed on rolling stock; and there is no persuasive indication that the
disputed work was not de minimus in nature and incidental to the Maphinist's
primary repair duties. In Second Division Award No. 5495 among others, we held
that such work was not impermissible when performed under such limited and
definable circumstances and this principle applies here. For these reasons we
must deny the claim..
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:'
Nanci.'Dover - Executive Secretary
Dated at Chicago, Illinois, this 9th day of January 1985.,