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`- The Second Division of the Adjustment Board, upon the whole record and










Form 1
 'Page 2:
Award No. 10752
 Locket No. 10433-T
 2-N&W-SM-'86
-=hi' the Carrier Is view of the facts; the Material Management Department ciit'--t.&e-vPrinceton Shop required that metaT_' shelves ~in the Roadway Shop be moveb7 to the "A" Building of the Material ,Management Department. Roadway ShoprGeneral Foreman Jones was unable to provide available manpower from the available Sheet Metal workers to assist in-tl~'dismantling and reassembling of the -shelving at the new location. All of- the Sheet Metal Workers including' the Claimants who filed the instant claim were occupied with the repair``-of'roadway equipment except for Sheet Metal Worker Rumberg. Since the Materiafrlanagement Lepartment needed the shelving moved and reassembled promptly, Storehouse employe Perdue, a member of the Brotherhood of Railway Clerks, along with Rumberg and two (2) other Sheet Metal Workers were used to perform the work at various times over,a period of three (3) days. The Stetehot~se personnel dismantled all but three (3) shelves. At this time the Sheet Meta1"Workers were assigned to complete the dismantling and two (2) Sheet Metaf 1ikrkers reassembled the shelving during a three (3) day period. On two (2) other days Rumberg assembled the shelving with the help of Storehouse employe Perdue.
The Board is persuaded by the Carrier's~version of the facts which is highly detailed, elaborate and specific. Except for the dates set forth by the Organi2ation, c~h6h the work in question took place, the Carrier's view of the facts is rinrefuted by the Organization. Reinforcing the conclusion that the Carriet''s statement of the facts are credible is the canon of construction that specific terms prevail over general terms.
The Organization relies upon Rule 92 to support its claim that the "disassembling" of sheet metal shelving constitutes work which is within the exclusive domain of Sheet Metal Workers. Rule 92 provides as follows:
"Sheet--metal workers' work shall consist of tinning, coppersmithing and pipefitting in shops, yards buildings and on passenger coaches and engines of all kinds, the building, erecting,, assembling, ins=aping, dismantling and maintaining parts made of sheet copper, mass, tin, zinc; white metal; lead black, planished, pickeled and galvanized lion of 10 gauge and lighter, including brazing,~soldering; tinning,.lead_ing, b abbitting, the bending, fitting, cutting, threading, brazing, connecting and disconnecting of air, water,, gas, oil and steampipes; the operation. of babbitt fires, oxyacetylene, t hermit and electric welding oni. work generally, recognized as sheet metal workers work. and a11, other work generally recognized
as sheet metal workers work.
"NOTE: Dismant,;.',,in_g as herein deferred to shall apply to a11- work .~ncjdevt to repairs to. Locomotives and cars but .5Pa11 riot include, destruction, of a locomotive or cars for the,purpose of scrapping. "
 Form 1 Award No. 10752
 Page 3 Docket No. 104,33-T
 2-N&W-SM-'86
The burden of establishing exclusivity Lies with the party assert4ng it.
 See, for example, Second Divisor~ Award Nos,_, and 3246. After carefully
 examining Rule 92, the Board he's ,concluded that the Organization failed..to _,.
 satisfy its burden. The instant, claim lacks the support of Rule 92. The.
 only work referred to in the instant claim is the,"disassembling of sheet...,;
 metal shelving". The word "disassembling' is not qpntained in_.Rule 92 but.
 the word "dismantling" which is the functional equivalent of "disassembling"
 is set forth in the Rule. However,, the "dismantling". -of the sheet metal.,
 shelves provided in the instant, claim, was not contemplated within, the
 meaning and intent of Rule 92-since -it was not "work incident to repairs to
 locomotives and cars" as stated in the "Note" to the Rule. .
If the organization is claiinin_g_that the work in question comes within,. the scope of the phrase in Rule 92, "a~11 other work,. generally recognized as". Sheet Metal Workers' work, Second Division Award No. 5740 is dispositive of.~ this contention:


It should be noted that there is nothing in the record, and neither is it claimed by the organization that "disassembling sheet metal shelving" has "historically, customarily and traditionally" been exclusively performed by the Sheet Metal Workers at the Princeton Shop.
Yet, to be considered is the contention that~the'Carriers' submission of prior awards to this Board which have "not been exchanged on the property" and "not made known to the organization" violates the relevant terms of Circular No. 1. This contention was adequately addressed in Second Division Award No. 4410, where the following was stated:

Form 1 Award No. 10752
 Page 4 Docket No. 10433-T
 2- N&W-SM-'86
After examining the Carrier's Submission, this Board found that it did not offend the principles contained in its definition. Prior awards are copies of official documents contained in the files of this Division. A11 members have equal access to these documents (Awards). An adversary relationship between the parties continues when Submissions are submitted to this Board. Consequently, due to the numerous benefits derived by the members and this Board from the submission of prior awards only the clearest terms in Circular No. 1 would preclude such submission as pertinent authority to support the argument of the members. No such terms are contained in Circular No. 1.





                          By Order of Second Division


Attest-
        Nancy .r

                e r - Executive Secretary


              ~ Dated at Chicago, Illinois, this 26th day of February 1986.