Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10844
SECOND DIVISION Docket No. 10777-T
2-SSR-SM-'86
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
Parties to Dispute:
1. Carrier violated Rules 30(a) and 87 of controlling Agreement,
also other Agreements and Letters of Understanding between Sheet Metal
Workers, Maintenance of Way and Carrier, when assigning work within instant
claim to Maintenance of Way Employee to perform.
2. Claim being for eight (8) hours at time and one-half rate of pay
in behalf of Sheet Metal Worker J. L. Robertson.
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.
Claimant J. L. Robertson is employed as a Sheet Metal Worker by
Carrier, Seaboard System Railroad Company, at Nashville, Tennessee. On April
4, 1983, a Maintenance of Way employe was assigned to install an exhaust fan,
pipe, and raincap--all made of sixteen (16) gauge sheet metal--in the Division
Office Building within the Shop enclosure at the Radnor Shop in Nashville.
The Organization filed a claim on the Claimant's behalf, alleging that this
work falls within the Scope of the Organization's Classification of Work Rule
and that the Claimant was available on April 4, 1983, for overtime after his
regular shift.
The Organization contends that the installation of the sixteen (16)
gauge sheetmetal exhaust fan within the enclosure of the Radnor Shop falls
squarely within the Sheet Metal Workers' Classification of Work Rule 87, which
provides:
Form 1 Award No. 10844
Page 2 Docket No. 10777-T
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 claims that the disputed work properly belongs to
the Sheet Metal Workers and has been so recognized until this incident. The
Organization contends that a series of agreements, understandings, and written
statements by Carrier's officials support its assertion that the disputed work
properly belongs to the Sheet Metal Workers. These understandings have not
been changed subsequently by agreement or otherwise. The Organization further
points out that sixty-three of Carrier's employes at Nashville signed statements that establish that the disputed work always has been performed by Sheet
Metal Workers at Nashville.
The Organization maintains that the disputed work does not fall
within the Scope of Rule 41(a), which provides, "All work in the construction,
maintenance, repair or dismantling of bridges, buildings, . . . shall be
performed by the bridge and building subdepartment." The Organization asserts
that the disputed work involved attaching parts made of 16 gauge sheet metal
to a building. Such work is described in the Sheet Metal Workers' Classification of Work Rule, not in Rule 41(a); the work did not involve construction,
maintenance, repair or dismantling of buildings.
Finally, the Organization contends that the claim was properly filed
on the Claimant's behalf. The Claimant was on duty on April 4, 1983, and was
available to perform the disputed work on overtime. The Organization claims
compensation on the Claimant's behalf only for the actual time that it took to
perform the disputed work. The Organization therefore argues that the claim
should be sustained and the Claimant compensated for eight (8) hours at the
time and one-half rate of pay.
The Carrier contends that the Organization's Notice of Intent to
submit Ex Parte Submission does not meet this Board's requirements for
consideration of a dispute; the Notice does not contain a specific statement
of the claim, the question for which an award is desired, or the date of
occurrence. The Carrier therefore asserts that on this ground alone, the
instant claim should be dismissed. The Carrier also contends that the
Brotherhood of Maintenance of Way Employes and the Brotherhood Railway Carmen
have interests in this claim and that they must be notified of the pendency of
the claim with full disclosure of the dispute.
Form 1 Award No. 10844
Page 3 Docket No. 10777-T
2-SSR-SMW-186
The Carrier asserts that the disputed work is not included in the
Organization's Classification of Work Rule, nor is it generally recognized as
Sheet Metal Workers' work. The Carrier maintains that the various crafts'
Classification of Work Rules often overlap, and each Rule must be read in
conjunction with the other Rules; the practice on the property also must be
considered in determining if one craft has an exclusive right to perform
particular work. The Carrier asserts that the disputed work was carpenter
work; it was properly assigned to members of the BMWE under the craft's
Classification of Work Rule. The Carrier also argues that in the absence of
B&B employes (BMWE members), the work could have been assigned to Carmen under
that Organization's Classification of Work Rule.
The Carrier asserts that Rule 87 does not include the installation of
a purchased vent in its definition of Sheet Metal Workers' work; the installation was not pipe work or tin work simply because the vent was fabricated from
sixteen gauge metal. The Carrier argues that where the work does not involve
tinning, coppersmithing or pipefitting, as specified in Rule 87, the handling
of metal parts, regardless of the gauge, is not reserved to the Sheet Metal
Workers by Rule 87.
Further, the Carrier argues that the disputed work never has been
generally recognized as Sheet Metal Workers' work. The Carrier maintains that
there was no sheet metal work involved in the disputed work assignment. The
Carrier asserts that the Organization has not produced any evidence that Sheet
Metal Workers ever have installed a vent of any kind. Additionally, the
Carrier claims that some performance of a particular type of work by a certain
craft does not prove that the craft holds the exclusive right to perform all
such work; the Organization has failed to show a system-wide practice of
exclusivity.
The Carrier also contends that under the February 14, 1944 Agreement
between the Organization and the BMWE, the BMWE retained for itself all construction and maintenance of buildings; the Sheet Metal Workers agreed to
this. The addition of a metal vent properly belongs to the BMWE under the
terms of this Agreement. Also, the Carrier points out that the disputed work
was not performed on a building within the Shop enclosure. The Carrier
further argues that even if the disputed work had not been assigned to B&B
employes (BMWE), then the Carrier had no obligation under any agreement to
assign the work to Sheet Metal Workers; Carmen also are mechanics and are not
prohibited from asserting a claim to the disputed work.
The Carrier also asserts that this Board has recognized that even
when work generally is reserved to one craft, such work can be performed by a
second craft when it is incidental to the work of that second craft. The
Carrier further argues that the record establishes that one (1) hour was the
maximum time used in performing the disputed work; the Organization has not
refuted this. The Carrier therefore contends that there is no basis for the
instant claim for eight (8) hours' pay for an employe who was on duty and
receiving pay while the work was being performed. Finally, the Carrier
contends that the claim should be denied in its entirety.
Form 1 Award No. 10844
Page 4 Docket No. 10777-T
2-SSR-SMW-'86
This Board has reviewed all of the evidence in this case; and it
finds that the Organization's Notice does not meet this Board's requirement,
and the matter is properly before this Board for decision.
The Board also finds that the work performed on April 4, 1983, by a
Maintenance of Way employe was tinning work thereby belonging to the Sheet
Metal Workers. Classification of Work Rule 87 states clearly:
"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, including brazing,
soldering, tinning, leading and babbitting;
the bending, fitting, cutting, threading,
brazing, connecting and disconnecting of air,
water, gas, oil and steam pipes; the operation
of babbit fires, oxyacetylene, thermit and
electric welding on work generally recognized
as sheetmetal workers' work, and all other
work generally recognized as sheetmetal
workers' work."
Moreover, this Board finds that the assignment of work in question is
also governed by the letter dated April 10, 1945, that is in evidence, and
which states:
"We did agree, however, due to the fact that
on most roads, the sheet metal workers do
perform the tinners' work on buildings within
the shop enclosure and the fact that that was
the former practice here on the L&N that the
tinners' work within the shop enclosure
properly belongs to the sheet metal workers
Moreover, there is another letter in evidence dated December 6, 1944, which
states, in part:
Form 1 Award No. 10844
Page 5 Docket No. 10777-T
2-SSR-SMW-'86
"The Director of Personnel handled this matter
with General Chairman George E. Davis of the
Brotherhood of Maintenance of Way Employes,
and Mr. Davis in replying to him Sept. 29,
1943, referred to the dispute between the
Sheet Metal Workers and Maintenance of Way
Employes concerning jurisdiction of both of
these Organizations, stated it was agreed that
tinners' work within shop enclosures properly
belonged to Sheet Metal Workers, but that
tinners' work on all buildings other
than within the shop enclosures belonged to
the B&B Department employes, except on certain
work performed by pump repair men and their
helpers, and full-time tinners and helpers."
Since there is ample evidence that the tinning work at issue was
performed within the shop enclosure, this Board finds that the applicable
Rules and Agreements require that the work should have been assigned to the
Sheet Metal Workers' craft. It is certainly not the type of work that fits
into any of the explicit exceptions to the rules.
Finally, the Organization has presented signatures of sixty-three
employes of the Carrier, most of whom were not Sheet Metal Workers and who are
part of the Machinists, Electricians, and Boilermakers' craft and can,
therefore, hardly be discounted as self-serving, which stated clearly that all
sheet metal work fourteen gauge and lighter in and around the Shop area,
including office buildings, has always been performed by the Sheet Metal
Workers at Nashville, Tennessee. The Carrier has not presented any evidence
to rebut that assertion.
The Claimant, a Sheet Metal Worker, was on-duty on the date in
question and was available to perform the work. Hence, he deserves to be paid.
Finally, although the claim seeks eight hours' pay at time and
one-half, there is no evidence in the record that the particular assignment
took that long. The Carrier has presented evidence that the work in question
took a maximum of four hours. The Organization has not offered any rebuttal
to this. Hence, this Board finds that the Claimant is entitled to four hour's
pay at the time and one-half rate.
A W A R D
Claim sustained in part. The Claimant is awarded payment of four
hours' pay at the time and one-half rate.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest.
e~
~_,41
Nancy J
e
r - Executive Secretary
Dated at Chicago, Illinois, this 7th day of May 1986.