NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11166
SECOND DIVISION Docket No. 11178-T
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(Sheet Metal Workers International Association
Parties to Dispute:
(Southern Pacific Transportation Company (Western Lines)
Dispute: Claim of Employes:
1. That the Carrier violated the Sheet Metal Workers' Classification
of Work Rule 77 of the current Motive Power and Car Department Agreement when
the installation of the 18 gauge sheet metal parts was assigned to employes of
the Electrician Craft.
2. That Sheet Metal Workers' G. L. Belmont and F. E. Pickles be
compensated each day or eight hours per day at the straight time rate, on a
continuing basis, in addition to 10% per annum compounded annually on the
anniversary date of claim.
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.
On November 20, 1984, Electricians belonging to the International
Brotherhood of Electrical Workers installed telemetry equipment on four
locomotives. As part of this installation on each locomotive, an 18 gauge
sheet metal bracket was attached to the top of the control stand, and a
receptacle was mounted on the cab wall by means of pop rivets. The Organization has claimed this work was part of the Sheet Metal Workers craft.
The Carrier raised three threshold issues in its Submission: 1. The
Third Party Electricians' Organization should be heard; 2. That the Claim is
not clear, and 3. The procedure on the property for resolving a jurisdictional
dispute (Memorandum A) has not been complied with. These issues must be
resolved in the Organization's favor prior to proceeding to the merits of this
case.
Form 1 Award No. 11166
Page 2 Docket No. 11178-T
2-SP-SMW-'87
With respect to the Electricians having an opportunity to present
its position, the Board finds the Docket contains a Submission from the
International Brotherhood of Electrical Workers, and it has had ample
opportunity to present its views.
With respect to the clarity of the Claim presented by the Organization, the Carrier stated the Claim fails to show the dates or times of occurrences and, therefore, the Claim is much too vague and indefinite to determine
when the disputed work occurred. The Board finds that, while the Claim could
have been worded more specifically, it is sufficiently clear to allow the
Carrier to properly respond. The installation of the telemetry equipment was
certainly a significant happening, and the Carrier knows full well approximately when these installations occurred and on how many locomotives.
With respect to the assertion by the Carrier and by the International
Brotherhood of Electrical Workers that the Organization did not comply with
the procedures of Memorandum A, the Board finds the following: Memorandum A
reads as follows--
"In connection with and supplementary to the
Motive Power and Car Departments Agreement which
became effective April 16, 1942, it is recognized
by the employees represented by System Federation
No. 114, through their several General Chairmen
and the Southern Pacific Company (Pacific Lines),
that in and by said agreement, numerous changes
have been made in the 'Classification of Work'
and other Rules under which men have heretofore
been working, and a great deal of detail and
description of the work has been eliminated,
which may result in one craft or class requesting
or contending for work that is being performed by
another craft or class.
In recognition of the facts above recited, and in
order to avoid confusion at the local points and
provide an orderly determination of the items of
work not specifically stated in the 'Classification of Work' and other Rules of the several
crafts, it is agreed that existing practices will
be continued, unless and until otherwise decided
by conference and negotiation between the General
Chairmen involved, and the General Superintendent
of Motive Power, for purpose of uniformly applying such decision wherever necessary on the railroad.
Form 1
Page 3
Award No. 11166
Docket No. 11178-T
2-SP-SMW-'87
It is also agreed that the work specified and
referred to in said Agreement means only such
work as comes under the jurisdiction of the
General Superintendent of Motive Power.
This Agreement is subject to cancellation or
revision only in accordance with the provisions
of the Railway Labor Act.
Dated at San Francisco, April 17, 1942."
The Organization argued Memorandum A applies only to diesel conversions in 1942, that Memorandum A was not argued on the property and only at
the Board, therefore, it does not apply. The Organization noted that, in a
letter dated January 29, 1985, to Mr. M. A. Givan, Labor Relations Officer,
Southern Pacific Transportation Company, by John D. Walker, General Chairman,
Sheet Metal Workers International Association, Mr. Walker ended his letter by
stating "conference requested." Mr. Givan responded in a letter dated March
21, 1985, "If conference is still desired in connection with this case, I will
be available after the first week of April, 1985." Apparently, a "conference"
was held on May 30, 1985; however, it was not the kind of conference contemplated under Memorandum A. The use of the joint conference has much historical precedent including Second Division Awards 7218 and 7481 on this property.
Upon complete review of the evidence, the Board finds that the
provisions of Memorandum A have not been complied with and, therefore, the
dispute is not properly before the Board for resolution, and the Board has no
alternative but to dismiss the Claim.
A WAR D
Claim dismissed.
Attest:
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 18th day of February 1987.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division