Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10801
SECOND DIVISION Docket No. 10768
2-SSR-SMW-186
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Sheet Metal Workers' International Association
Parties to Dispute:
(Seaboard System Railroad
Dispute: Claim of Employes:
1. Carrier misassigned Carmen Petty and Wheeler to remove and
replace two signs made of 20 gauge sheet metal.
2. Sheet Metal Worker's Gary Donnelly and S. J. Brady be paid 2
hours and 40 minutes to be divided equally.
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.
Claimants G. Donnelly and S. J. Brady are employed as Sheet Metal
Workers by the Carrier, Seaboard System (L&N) Railroad, at its Nashville,
Tennessee, Terminal and Maintenance Point. On March 30, 1983, two Carmen
removed two signs made of 20-gauge sheet metal. A Carman Painter repainted
the lettering and background with the Carrier's new logo. The following week
Carmen replaced the sign.
On April 11, 1983, the Organization filed a Claim on the Claimant's
behalf, charging that the removal and installation of the signs had been
wrongfully assigned to the Carmen, and that such work belonged to the Sheet
Metal Workers under the Controlling Agreement. The Organization sought two
hours and forty minutes of pay for two Sheet Metal Workers, such compensation
to be divided equally.
The Organization contends that the disputed work is classified as
Sheet Metal Workers' work under Rule 87 of the Controlling Agreement. Rule 87
provides:
Form 1 Award No. 10801
Page 2 Docket No. 10768
2-SSR-SMW-'86
"Sheetmetal workers' work shall consist of tinning,
coppersmithing and pipefitting in shops, yards,
buildings, including general office buildings, and
on passenger coaches and engines of all kinds; the
building, erecting, assembling, installing,
dismantling, and maintaining parts made of sheet
copper, brass, tin, zinc, white metal, lead, black,
planished, pickled and galvanized iron of 10 gauge
and lighter . . . and all other work generally
recognized as sheetmetal workers' work."
The Organization argues that the removal and installation of signs falls
within the meaning of the "dismantling" and "installing" under Rule 87.
The Organization further contends that the disputed work always has
been performed by Sheet Metal Workers at the Carrier's Nashville facility; the
work, therefore, also is generally recognized as Sheet Metal Workers' work.
Even if, as the Carrier alleges but the Organization denies, the disputed work
has been performed in the past by members of other crafts, the Carrier cannot
use such alleged past practice to disregard the Classification of Work Rule,
Rule 87.
The Organization additionally argues that although signs are not
specifically mentioned in Rule 87, there is no distinction between 20-gauge
signs and any other sheet metal that has to be assembled or installed.
Finally, the organization maintains that the Claimants were available
to do the disputed work either during regular hours or on overtime. The
Claimants, therefore, are proper individuals to make this Claim. The
Organization therefore contends that this Claim should be sustained, and the
Claimants compensated in the amount of two hours and forty minutes at the
regular rate, such compensation to be divided equally between the Claimants.
The Carrier contends that the disputed work is not covered by Rule 87
and is not generally recognized as Sheet Metal Workers' work. The Carrier
argues that the classification of Work Rules in the various craft Agreements
contain overlapping functions, and each such Rule must be considered in
conjunction with all the others. The disputed work is not reserved to any
craft; it requires no special training or tools.
The Carrier further points out that the disputed work has been
performed by members of several crafts; Rule 87 does not cover any work in
connection with signs. Also, there is no evidence that the disputed work
historically has been performed system-wide by Sheet Metal Workers to the
exclusion of all other crafts. Moreover, the Carrier claims that the Sheet
Metal Workers have not even removed and replaced all signs at the subject
location.
Form 1 Award No. 10801
Page 3 Docket
No.
10768
2-SSR-SMW-'86
The Carrier additionally asserts that both the Carmen and the Sheet
Metal Workers claim the task of replacing signs. This is a jurisdictional
dispute between the two crafts and must be resolved between them before either
craft may petition the Carrier to concur with the decision. The Carrier
argues that the Organization must first resolve its dispute with the Carmen
before-filing a Claim such as the instant Claim. The Carrier additionally
argues that even if the Carmen had conceded the disputed work to the Sheet
Metal Workers, the Carrier is not obligated to- concur; the Carrier reserves
the right to exercise its management prerogatives in running its business.
The Carrier finally asserts that even if the disputed work were
reserved to the Sheet Metal Workers, this Claim would not be valid because the
work was routine and incidental to the work of another craft. The Carrier
contends that the work took a total of thirty minutes, and the Carmen's
removal and installation of the signs did not displace any Sheet Metal Worker;
therefore, the Claimants have not lost anything. The Carrier therefore
contends that the Claim should be denied in its entirety.
This Board has reviewed all of the evidence in this case, and it
finds that there is no evidence that the Sheet Metal Workers or any other
craft have exclusively performed the work of removing and replacing signs. As
a matter of fact, the Carrier has presented convincing evidence that the same
type of work has been assigned to a member of a different classification of
employees in the past.
The Organization has the burden of proving that its craft has
historically and exclusively performed the work in question. See Award
No.
9236. The Organization has not rebutted the Carrier's evidence in that
regard. Therefore, the Claim must properly be denied.
Moreover, the Carrier argues, without rebuttal, that the work in
question took a total of thirty minutes and was incidental to the Carmen's
repainting of the logo on the signs. Although the Organization claims more
backpay, it presents no evidence that the work took more than the thirty
minutes. It is a well-established principle that an employee may perform
routine work that is incidental to his primary duties. See Award No. 5327.
Hence, even assuming, arguendo, that the work was Sheet Metal Worker work, the
de minimis principle would be applicable in view of the short time involved
with the work and its incidental relationship to the painting assignment.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
A
'Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 26th day of March 1986.