Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11162
SECOND DIVISION Docket No. 10853-T
2-SSR-SMW-187
The Second Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Sheet Metal Workers International Association
Parties to Dispute:
(Seaboard System Railroad
Dispute: Claim of Employes:
1) On or about October 11, 1983, Sheet Metal Workers was stopped
from performing their normal recognized main work assigned duties of inspecting (checking) sanders on diesel locomotives for proper function and/or
repairs needed.
2) A continuous claim for eight (8) hours per shift (1st, 2nd and
3rd) at time and one-half rate of pay until Sheet Metal Workers are assigned
again to perform the inspecting (checking) of sanders on diesel locomotives.
3) Claimants are Sheet: Metal Workers W. V. Reed, M. W. Hodge, C. M.
Strickland, R. Sullins, B. W. Buchanan, J. Lykes III, D. W. Moore and D. 0.
Bolling. Claim to be divided equal.
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 were given due notice of hearing thereon.
Claimants are Sheet Metal Workers employed at Carrier's Boyles Shop
and Yard at Birmingham, Alabama_ On October 11, 1983, Carrier's Master
Mechanic 0. B. Padgett discontinued using Sheet Metal Workers to inspect
sanders on diesel locomotives at: the dispatch track. The record indicates
that one Sheet Metal Worker had been used to perform this inspection function
previously. The sander inspection function was thereafter performed by
Machinists. During argument on this matter, the parties indicated that the
work was eventually.returned to the Sheet Metal Workers. There is no evidence
that wages were lost by the Claimants as a result of the assignment of the
sander inspection work to the Machinists.
Form 1
Page 2
Award No. 11162
Docket No. 10853-T
2-SSR-SMW-'87
According to the Carrier, checking to see if sanders operate is not
a repair function; is not mentioned in the Organization's Classification of
Work Rule; does not require a skilled Sheet Metal Worker; and is not a task
reserved to that craft on the property. Further, the Carrier asserts that
Engineers are responsible for checking the braking system and during the
course of pre-testing the locomotive, the sanders are turned on and off by the
Engineers and an observation is made from the ground to see that the brakes
apply and release properly and that sand is coming from the sand pipes on each
unit. In the event system does not work correctly and it is determined that a
defective pipe is the cause of the problem, the repair work is then performed
by a Sheet Metal Worker. The Carrier has also raised issues concerning the
asserted inadequacy of the allegations in the Claim and lack of damages.
The Organization asserts that its members have performed this inspection function at the Boyles Shop and Yard for forty years. The Organization
claims violations of Rules 30(a) and 87.
Rule 30(a) provides:
"None but mechanics and apprentices regularly
employed as such shall do mechanics' work as
per special rules of each craft
...."
Rule 87 provides:
"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 14 gauge and lighter, including brazing, soldering, tinning, leading and
babbitting; the bending, fitting, cutting,
threading, brazing, connection and disconnection
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."
Based upon our review of the record, we conclude that the Claim must
be denied. The burden of proof is on the Organization to prove all the
essential elements of its Claim. That burden has not been met in this case.
First, there is nothing in the Rules relied upon by the Organization that
specifically grants the sander inspection work exclusively to the Sheet Metal
Workers. Second, notwithstanding the assertion of a past practice at Boyles
vow
Form 1 Award No. 11162
Page 3 Docket No. 10853-T
2-SSR-SMW-'87
Shop and Yard for inspection of the sander by the Sheet Metal Workers craft,
it is incumbent upon the Organisation to demonstrate that such a practice
exists systemwide. Where the Rules do not exclusively grant the work to the
Organization, the burden is upon the Organization to show that the disputed
work has been historically, customarily, traditionally and exclusively performed by it on a systemwide basis. Second Division Award No. 10784. This
record does not reveal such a demonstration; instead, the record indicates
that other crafts have at times performed throughout the system the sander
inspection work involved herein. There is of course no issue in this case
concerning repair work on the sander; such work is reserved to the Sheet Metal
Workers craft.
In light of the above, it is unnecessary to address the other
arguments raised by the Carrier.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
e~zda
1
7
Attest.
2940
d
Z'
16&*:e-~
Nanc ~ver - Executive Secretary
Dated at Chicago, Illinois, this 18th day of February 1987.
LABOR MEMBERS' DISSENT
TO
AWARD N0.
1a162,
DOCKET N0. 10853-T
(Referee 1311iott H. Goldstein)
We strongly dissent to the unrealistic approach taken
by
the Majority
when rendering their decision in this award. The Majority completely overlooked that portion of Rule
85
which reads:
` "and all other work generally recognized as Sheet Metal
Workers' work."
The facts as presented, by signed, sworn, notarized statements from all
crafts, proves beyond any doubt that at Boyles Shop and Yards, the recognized
practice is that Sheet Metal Workers have always performed the work in dispute.
The Majority overlooked these ;statements and the fact that at Boyles Shop and
Yards the Sheet Metal Workers lead again been assigned to perform the same work.
The Claim was not for aystemwid.e exclusivity, but only for Boyles Shop
and Tardy, therefore, the Majority's concept of exclusivity systemwide is
way out in left field, completely out of the ball park, as Rule
85
of the
current working agreement places no such restriction, as is recognized in
Second Division Awards
8004
and 10049.
Further, there are no limitations of Sheet Metal Workers' work to repair
work as it seems to be the Majority's indication, as inspection of sanders is
as much a part of Rule
85
at Boyles Shop and Tardy as repair, and covered by
that portion of Rule
85
which reads:
"all other work generally recognized as Sheet Metal
Workers' work."
The Majority have completely overlooked a longstanding, recognized practice
at Boyles Shop and Yards which has long been recognized by numerous Awards of
this Division as being the best way of establishing the intent and understanding
of the parties, particularly Awards
974, 1153
and
2603.
It is our position that the Majority have canitted a grave injustice
in failing to recognize a longstanding practice at Boyles, particularly .,_~,~w
the intent and understanding of the parties in the assignment of the
inspection for at least forty (40) years at Boyles.
With one stroke of the pen, a practice which has been in existence for
forty (40) years at Boyles Shop and Yards, Birmingham, Alabama, has been
totally disregarded, and therefore we vigorously dissent.
l
M. J.
cur
n
6 - .9
. 6~A~ _
C. D. Easley
D. A. Hampton
m
R. A. son
. S chrritalla
- 2 - Labor Members' Dissent
Award 11162 Docket
10853-T