Form 1 NATIONAL FAILROAD ADJUSTMENT BOARD Award
No. 11151
SECOND DIVISION Docket
No.
10918-T
2-SSR-F&O-'87
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(International Brotherhood of Firemen and Oilers
Parties to Dispute
:
(Seaboard System Railroad
Dispute: Claim of Employes
:
1. That under the current controlling agreement employees other than
Laborers were improperly used to perform the work of operating the fork lift
to pick up and deliver material and equipment, dump trash into the dumpsters,
wash down floors under ramps, wash engines and cleaning air compressor ccan-
partment of engines at Seaboard System Railroad, Uceta Shops, Tampa, Florida.
2. That accordingly, the Carrier be ordered to compensate Laborer's
time and one-half rate of pay for the amount described in Attachment "A".
ATTACHMENT "A"
Date of Amount of time Work Performed
No. Claimant Violation Claimed In violation
1. R. Wilson 2/03'84 1. hr 30 min. Washed Engine No. 1794
2. B. Bludsaw, Jr. 2/03'84 2 hours Washed Engine No. 379
3. E. I. Everette 2/09'84 3 hours Moved material with
fork-lift
4. S. A. Johnson 2/10/84 1 hour Washed Engine No. 1750
5. M. E. Smart 2/15'84 8 hours Drove fork-lift
6. J. M. Bass 2/1584 45 minutes Washed an engine
7. J. M. Bass 2/2484 6 hours Drove fork-lift
8. G. J. Brown 3/01/84 2 hours Washed floor underneath
the ramp
9. B. A. Smith 3/02/84 3 hours Washed Engine No. 1809
10. M. A. Harvey 3/02/84 1 hr. 30 min. Washed Engine No. 1784
11. E. L. Williams)
R. W. Nail )
L. J. Jones ) 3/06184 5 hours Washed the ramps and
A. Hill ) No. 1 pit.
12. R. Wilson 3/16; 84 3 hours Dumping garbage cans
in the shop
13. M. E. Smart 3/16, 84 3 hours Dumped garbage cans at
Uceta Enginehouse
14. A. Hill 3/22/84 2 hours Washed the floor under
Ramp 2 and the Pit in
Track 2
Form 1 Award No. 11151
Page 2 Docket No. 10918-T
2-SSR-F&O-'87
15. G. J. Brown 3/22/84 2 hours Washed the floor under
Ramp No. 2 and the Pit
in Track No. 2
16. L. J. Jones 3/26/84 6 hours Cleaned the air com
pressor compartment of
Engine No. 372
17. M. A. Harvey 3/26/84 6 hours Cleaned the air com
pressor compartment of
Engine No. 372.
18. C. C. Phillips 3/26/84 3 hours Washed the floor under
Ramp No. 2 and washed
Pit No. 2.
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.
Claim on behalf of Laborers was initiated by the organization in
April, 1984. It alleges that Carrier violated the Scope Rule of the Fireman
and Oilers Agreement when they assigned Laborers work to various Crafts not
covered under the Agreement. In the separate Claims as handled on property,
the organization charges that the Carrier is in violation of the Agreement by
using Boilermakers, Machinists and Electricians to operate fork lifts, deliver
materials, wash floors under ramps, dump trash and do other work belonging to
Laborers under the Fireman and Oilers Agreement.
The Carrier denies any Agreement violation. It argues that such work
has never been exclusively reserved to the Fireman and Oilers and in fact has
historically been required of all Shop Crafts in the maintenance and safety of
their work areas. It further notes that in two similar cases on the property
there was no evidence indicating exclusivity in denial Awards under similar
circumstances (Public Law Board No. 2941, Award 1 and Award 2). It denies
that in any of the aforementioned alleged violations that there is exclusivity
reserved to any Craft.
Form 1 Award No. 11151
Page 3 Docket No. 10918-T
2-ssR-F&o-'s7
This Board has carefully reviewed the evidence as presented on the
property and finds nothing in the Agreement Rules cited of clear and unambiguous language assigning such work as herein disputed exclusively to the
Laborers' ranks. Nor does this Board find probative evidence presented by the
Organization to establish by history, practice or tradition that such work
belongs exclusively to those of the Fireman and oilers on a systemwide basis.
Evidence of record does not provide sufficient evidence to carry the Organization's burden in establishing a Scope Rule violation.
The burden of proof lies with the organization in the Claim at bar
and it has failed to sustain its burden. It is our determination after
reviewing all pertinent Rules, evidence and Awards cited in support, that the
work herein disputed has been a shared responsibility within the specific
conditions of "work areas" as in the facts of this case. As such, this Board
must deny the Claim as the organization has not met its burden of proof.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
L~/Mrwe/,
4
9
-0
1
'Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 11th day of February 1987.