Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10495
SECOND DIVISION Docket No. 10251-T
2-N&W-SM-'85
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1) That the Carrier under the current agreement, assigned other than
employees of the Sheet Metal Workers' Craft (Carmen) to perform
work covered by Rule 92 and the current agreement. This improper
work assignment consisted of the installation of the sheet metal
spacers fabricated by Sheet Metal Workers of 22 gauge metal placed
on the inside of the C-18 type cabooses repaired in a program
beginning on October 29, 1981.
2) That accordingly, the Carrier be ordered to additionally compensate
Sheet Metal Workers, P. Panashy, J. L. Rumburg, C. W. Keaton and K.
Hall in the amount of two hours for each caboose this work has been
performed on beginning on October 29, 1981 at the pro rata rate to
be equally divided among them for this 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.
This dispute came about after the Carrier was required to equip all of
its active road caboose cars with certified window glazing. This change
required the Carrier to install new window frames and modify its caboose-car
bodies. The size of the replacement windows was smaller, necessitating the
fabrication of 22 gauge sheet metal spacers by Carrier's Sheet Metal Workers
to close the gaps remaining after the new windows were installed.
Form 1 Award No. 104 95
Page 2 Docket No. 10251-T
2-N&W-SM-'85
The Carrier's Carmen were assigned to install the windows and the
spacers. However, the Sheet Metal Workers contend that under Rule 92 of the
current agreement, the work of installing the spacers should have been
assigned to them, resulting in this claim. Responding, the Brotherhood of
Railway Carmen of the United States and Canada (Carmen) contend that the work
under dispute here is within their jurisdiction. This position flows from
its construction of the Carmen's Classification of Work Rule and its
assertion that such work historically has been performed by its craft on this
property.
From the evidence adduced in the record progressed before the Board, we
find that the claim is prematurely before us. in this respect, the Board
relies upon Supplement No. 46. Upon the provisions of this Supplement, given
the facts of record properly progressed, the Organization has not exhausted
its rights under the Agreement and, therefore, the Board has no alternative
but to dismiss the claim.
While the Board is aware that the position of Secretary-Treasurer of
System Federation No. 40 is vacant, Supplement No. 46 was signed by all
crafts and remains in effect until set aside. However, the intent of the
Supplement, i.e., to pursue settlement on the property when two Organizations
are claiming exclusive right to perform certain identified work, can be
carried out without the presence of an incumbent Secretary-Treasurer.
Accordingly, while the Board much prefers to dispose of claims on merits,
under the circumstances here, this claim must be dismissed.
A WAR D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _ ~/.ii/i/
_A~
Nancy J/Denier - Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1985.