Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10519
SECOND DIVISION Locket No. 10297-T
2-ATSF-SMW-185
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( Sheet Metal Workers' International Association
( A. F. L. - C. I. O.
Parties to Dispute:
(The Atchison, Topeka and Santa Fe Railway Company
Dispute: Claim of Employes:
1. That The Atchison, Topeka and Santa Fe Railway Company violated the
controlling agreement, particularly Rule 82, when they arbitrarily transferred
Sheet Metal Workers, work of servicing fire extinguishers at Barstow,
California to members of the Machinists' Craft and Carmen's Craft.
2. That accordingly, The Atchison, Topeka and Santa Fe Railway Company
be ordered to compensate Grand Division Sheet Metal Worker V. G. Razo in the
amount of 128 hours at pro rata rate covering period beginning November and
December, 1981 - this to be a continuous claim until this work is returned to
the Sheet Metal Workers' Craft.
FINDINGS:
The Second Division of the Adjustment Boazd, 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.
Grand Division Sheet Metal Worker V. G. Razo, the Claimant, is employed
by the Carrier at San Bernardino, California, and his territory includes
Barstow, which is ninety (90) miles away. Way car fire extinguishers were
serviced by a Grand Division Sheet metal worker since 1976. In mid 1981,
some of the fire extinguishers serviced by the Grand Division Sheet Metal
Worker were sent to the Mechanical Shop at Barstow and serviced by Employes
of the Machinist Craft. In late 1981, all rolling stock fire extinguishers
work at Barstow was assigned to the Machinist at that location.
The Sheet Metal Workers argue that the work in question has been
recognized as belonging to them since the opening of the Barstow Hump Yard
and was so acknowledged by the Carrier in correspondence with the
organization.
Form 1 Award No. 10519
Page 2 Docket No. 10297-T
2-A TSF-SMW-'85
The Carrier asserts the servicing, charging, and inspection of fire
extinguishers has been performed by a variety of crafts at many other
locations and in Barstow. The Carrier contends Rule 82, Classification of
Work, contains no mention of fire extinguishers and that the organization is
relying on the phrase "and all other work generally recognized as Sheet Metal
Workers' work". The Carrier argues that the work in question can be
considered as generally recognized as Sheet Metal Workers' work belonging
exclusively to that Craft only if such work has been historically performed
by the Sheet Metal Workers on a system-wide basis.
This Board has consistently held that barring a showing that a
practice was historically and customarily followed on a system-wide basis, a
petitioner's claim of work will be denied. Contracts must be interpreted as
a whole, and the specific will govern over general language. Accordingly, we
find the Organization claim fails to establish an agreement basis upon which
to support this claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division -
ATTEST: ,
Nancy J:~ver - Executive Secretary
Dated at Chicago, Illinois, this 4th day of September 1985.