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.
Parties to said dispute waived right of appearance at hearing thereon.
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
Ime
The Carrier argued the lathe for which the guard was being made is
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.
A W A R D
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.