Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11068
SECOND DIVISION Docket No. 11017-T
2-MP-CM-'86
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(Brotherhood! Railway Carmen of the United States
(and Canada
Parties to Dispute:
(Missouri Pacific Railroad Company

Dispute: Claim of Employes:

1. That the Missouri Pacific Railroad Company violated the controlling agreement, particularly Rule 102, when they assigned Machinists Schmidt and Hale to make a shield out of Lexan and to apply the shield to the axle turning lathe, North Little Rock:, Arkansas.

2. That accordingly, the Missouri Pacific Railroad Company be ordered to compensate Locomotive Carpenter G. W. Gorbet in the amount of four hours (4') at pro rata rate account other than carmen performing carmen's work on February 22, 1984.

FINDINGS:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that::

The carrier or carrier; 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.



On February 22, 1984, two Machinists were asked by the Carrier to make a machine tool guard out of Lexan in the Carrier's Little Rock, Arkansas wheel shop.

The Organization claims this activity was a violation of Rule 102 of the Controlling Agreement, which states in pertinent part ". . . all other carpenter work in shops . . . ." The Organization argues that Carmen have always made these guards in the past, and this has been carpentry work. In support of its position it cited Third Division Award 11072.
Form 1 Award No. 11068
Page 2 Docket No. 11017-T
2-MP-CM-'86



operated exclusively by the Machinist's craft and has been since its instal
lation. Other machines have had shields made by the Machinist craft. Car
penters, historically, have made shields for their equipment only. The Car
rier further stated there is no language in Rule 102 or any other Rule giving
the work of making protective shields to the Carmen craft. It denies there is
a past practice at this location or any other location giving this work ex
clusively to the Carmen. The Carrier cited numerous Awards in support of its
position.

Upon complete review of the evidence, the Board finds the material used to make the shield (Lexan) came from the Carmen's shop. While Machinists, in accordance with their work Rule 52, do have the right to ". . .cutting, chipping, forming, and fabricating of all tools . . . " the work in question did not fall under those categories. This is not the fabrication of machinery or tools. It is a guard. From the evidence presented, the Board is satisfied it is work historically performed by the Carmen's craft in accordance with its Rule 102. Therefore, the Claim is sustained.



        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Second Division


Attest:
        Nancy J. vVV__ Executive Secretary


Dated at Chicago, Illinois, this 12th day of November 1986.