Form 1 NATIONAL RAILROAD AD-JUSTMENT BOARD Award No. 11070
SECOND DIVISION Docket No. 10461-T
2-C&O-SMW-186
The Second Division consisted of the regular members and in
addition Referee Steven Briggs when award was rendered.
(Sheet Metal Workers International Association
Parties to Dispute:
(The Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:
1) That the Carrier under the current working agreement assigned the
carman craft to perform work covered by Part IV of the Memorandum of Understanding of September 14, 1964. This work assignment consisted of fabricating
and installing twenty twn (22) sections of hand railings to new scaffolding
being constructed.
2) That accordingly, the Carrier be ordered to additionally
compensate Sheet Metal Workers G. Poling, N. Neal, H. Martin, R. Baldwin, L.
R. Fraley, P. Carman, B. Ford, R. Townsend, K. Brown, L. Kitchen, D. Doyle, C.
Wolfe, T. Holsinger, K. Barker, J. Strugill, D. Carpenter, R. Vanderpool, C.
Carman, T. Stiverson, and J. Jergler for four (4) hours straight time day for
each section of hand rail fabricated.
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.
During August, 1982, Carmen constructed scaffolding on No. 1 Track at
the Carrier's Raceland Car Shop at Russell, Kentucky. For safety purposes,
twenty-two sections of hand railing were constructed of 5/16" x 2" angle iron
with cross braces of 1/4" x 2" bar stock cut to required lengths. The Carmen
spent about .08 man-hours per section fabricating and two man-hours per
section installing the railing for a total of about 46 man-hours.
Form 1 Award No. 11070
Page 2 Docket No. 10461-T
2-C&O-SMW-'86
The organization maintains that such work has always accrued to Sheet
Metal Workers in accordance with a September 14, 1964 Memorandum. The Carrier
argued that such work has always been performed by Carmen whenever railing was
made of material other than pipe or tubing, consistent with the Shop Crafts'
Agreement and the September 14, 1964 Memorandum. Moreover, the Carrier
maintains that the Claim is without contractual support since it seeks 1,760
hours' pay for work which was completed in approximately 46 hours. Finally,
the Carrier notes that the Claim is improper since it reflects a jurisdictional dispute and this Board has no authority to resolve same.
It is abundantly clear from the record in this matter that both the
Sheet Metal Workers' and the Carmens' Organizations claim jurisdiction over
the work in question. The dispute cannot be more accurately characterized
than as one of jurisdiction between two Unions. We note from Supplement No. 6
of the Controlling Shop Crafts Agreement that:
"...
in the event of a jurisdictional dispute
between crafts, that this dispute must be
taken up between the crafts involved before
such dispute is handled with Management."
There is no evidence before us that the Claimants' Organization first
pursued the matter with the Carmen before taking it to the Carrier for resolution. Accordingly, and in concert with numerous Second Division Awards (for
example, 10111, 10094, 10050, 8319, 8268, 7712, 7491, 7482, 7296, 7255, 7152),
we must dismiss the Claim. We quote Award 7255 in support of this conclusion:
"There are a host of recent Awards by this
Division attesting to the fact that this Board,
under the circumstances described above, does
not assume jurisdiction over disputes between
Organizations and we are therefore constrained
to dismiss the claim. See Second Division Awards
7092, 7059, 7058, 6872, 6848, 6825, and many
others."
We note the Organization's argument that the work in question falls
under the coverage of the September 14, 1964 Memorandum, and that accordingly
the dispute is one of interpreting that Memorandum, not one of ccrnpeting
jurisdiction between two Union:;. The relevant portion of that Memorandum is
quoted below:
"Carmen claim that installing of hand rail around
propane tanks just north of acetylene house by
Sheet Metal Worker is Carmen's job is declined.
It has always heen the practice that Sheet Metal
Workers in Mechanical Department fabricate and
install railings in and around buildings and
machines within the Car Shop enclosure when such
railings are made of pipe or tubing."
Form 1 Award No. 11070
Page 3 Docket No. 10461-T
2-C&O-SMW-'86
In the instant case, the railings were not made of "pipe or tubing,"
they were made of angle iron. Accordingly, we conclude that the above quoted
Memorandum does not apply.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 19th day of November 1986.