Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10660
SECOND DIVISION Docket No. 9943-T
2-BN-CM-185
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Burlington Northern Railroad
Dispute: Claim of Employes:
1. That the Burlington Northern Railroad violated the terms of our
current Agreement in particular Rule 83 and 98(c), when they
assigned other than carmen to inspect, dismantle, clean and
reassemble a paint sprayer pump.
2. That accordingly, the Burlington Northern Railroad be ordered to
compensate Brainerd, Minnesota Carmen Painters G. Gobe1 and E.
Lovald in the amount of seven (7) hours each for the days of April
21 and 22, 1981, or a total of fourteen (14) hours at the straight
time rate.
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 Organization contends that the work involved is exclusively that of
the Carmen's craft under the provisions of Rule 83, Classification of Work.
This contention is based upon words in that Rule such as "inspect",
"dismantle", "clean", "reassemble", and "paint". The object of the work was
a paint sprayer pump. In the Rule 83 context, the cited words relate to
specific objects such as freight cars, passenger cars, lever cars, fire
boxes, smoke boxes, etc. The Rule also contains a "catchall" phrase, "...and
all other work generally recognized as carmen's work."
The Organization also asserts that the work in dispute has been historically
that of the Carmen, and presents affidavits from Carmen to that effect.
Form 1 Award No. 10660
Page 2 Docket No. 9943-T ''
2-BN-CM-185
A third party to the dispute, the Sheet Metal Workers' International
Association, cites similar language in its rules, this time relating to a
different set of objects, and a similar "catch-a11" phrase at the end of the
rule. It also asserts historic rights to the work through affidavits from
Sheet Metal Workers. Neither the Carmen nor the Sheet Metal Workers'
contentions are persuasive.
Paint sprayer pumps are not mentioned in either Agreement. Neither
organization provides proof of a system-wide past practice in performing the
work. Absent such showing, the Carrier is free to assign the work as it
deems appropriate and efficient.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
:~s~
Nancy .fiver - Executive Secretary
Dated at Chicago, Illinois, this 4th day of December 1985.