Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10521
SECOND DIVISION Docket No. .20310-T
2-SP-MA-'85
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
That the Carrier violated Rule 57 (Machinists Classification of Work
Rule) and Memorandum "A" (Past Practice Rule) of the current controlling
Agreement when it assigned a clerk to perform Machinist's tool room duties on
June 4, 1982.
When the Carrier assigned a clerk to perform Machinist's tool room
duties it deprived Machinist L. Parra (hereinafter referred to as Claimant)
of said duties and the compensation attendant thereto.
That the Carrier be ordered to reassign tool room duties to the
Machinists and compensate Claimant eight (8) hours at the pro rata rate each
Mcnday through Friday commencing on June 4, 1982, to date that tool room
duties are re-assigned to the Machinists.
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.
The issue in dispute involved the Carrier's assignment of a clerical
Employe represented by BRAC to assertedly order, receive, unpack, stock,
store and distribute tools in the Sacramento Shop. Prior to May 10, 1982, two
Machinists worked part time as tool room Attendants in addition to their
regular assigned duties on the shop floor. On May 10, 1982,
Cn
e position was
abolished. On June 4, 1982, the Carrier made the disputed Clerical
assignment.
The Organization contends the Carrier's abolishment of Claimant Parra's
position violated Rule 57, Classification of Work, and Memorandum A. In
particular, the Organization refers to the following language of Memorandum
A:
Form 1 Award Number 10521
Page 2 Docket No. 10310-T ~/''
2-SP-MA-'85
"In recognition of the facts above recited, and in order to avoid
confusion at the local points and provide an orderly determination
of the items of work not specifically stated in the 'Classification
of Work' and other Rules of the several crafts, it is agreed that
existing practices will be continued, unless and until otherwise
decided by conference and negotiation between the General Chairmen
involved and the General Superintendent of Motive Power, for
purpose of uniformally (sic) applying such decision wherever
necessary on the railroad."
It is the Organization's view that the Carrier did not conference or
negotiate a change in an undisputed twenty-three (23) year practice and,
accordingly, is in violation of Memorandum A.
On July 1, 1982, the Carrier, in responding to the instant claim,
affirmed that "the duties of ordering, receiving, unpacking, stocking,
storing and distributing tools to mechanics in Sacramento General Shops have
been assigned to position held by A. J. VZaovich". Notwithstanding this
acknowledgement, this Board believes a degree of confusion exists over the
circumstances which led up to this claim. Shortly after the abolishment of
one of the two Machinist positions which worked in the tool room, the Carrier
changed locations of the tool room. It is to this new tool room that the
Clerical Employe was assigned.
The Carrier argues that the remaining Machinist assigned to the new tool
room
continues to
distribute tools in the same manner as he previously did.
Requests for tool orders are given to the Machinist by Supervisors. In turn,
those requests are processed through the Purchases and Materials Department
(P&M) which orders the tools. After receipt, the tools are sent to the
Machinist who, after identification, distributes the tools.
Despite the organization's assertions, this Board is unable to discover
any evidence which supports a finding this work has been taken away from the
Machinists. We are of the opinion that the non-exclusive use of the tool
room has diffused the actual issue. The Clerical Employe
continues to
perform the same functions always performed by Employes of the P&M Department. As a matter of rights, Memorandum A does confer upon the Machinist the
right to maintain existing practices generally recognized as Machinists'
work. There is no evidence they do not perform such work presently.
A W A R D
Claim denied.
Form 1 Award No. 10521
Page 3 Docket No. 10310-T
2-SP-MA-'85
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST
Nancy J
/,)Fez
- Executive Secretary
Dated at Chicago, Illinois, this 4th day of September 1985.