Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11229
SECOND DIVISION Docket No. 11037-T
2-SP-MA-'87
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(International Association of Machinists and Aerospace
(Workers
Parties to Dispute:
(Southern Pacific Transportation Company (Western Lines)
Dispute: Claim of Employes:
1. That the Carrier on April 5 and 6, 1984 improperly assigned the
task of welding and repairs of draft gear pockets to boilermakers.
2. That the above action is in violation of Rule 57 and Memorandum
"A" of the Agreement and deprived Machinist Welders R. Mendoza, J. J. Otero
and R. R. Rouch (hereinafter referred to as Claimants) of work that is contractually theirs.
3. That, accordingly, the Carrier be ordered to compensate
Claimants eight (8) hours each at the Machinist Welder's rate.
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 April 5 and April 6, 1984, the Carrier assigned the welding of
draft gear pockets to the Boilermakers' craft. This work is claimed by the
Organization.
The Organization argued that the work in question is exclusively work
of the Machinists' craft and that the Carrier violated Rule 57, which reads as
follows:
"Machinists' work shall consist of laying out, fitting,- adjusting, shaping, boring, slotting, milling
and grinding of metals used in building, assembling, maintaining, dismantling and installing locomotives and engines (operated by steam or other
power), pumps, cranes, hoists, elevators, pneumatic
and hydraulic tools and machinery, scale building
Form 1 Award No. 11229
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2-SP-MA-'87
(in shops), shafting and other shop machinery;
ratchet and other skilled drilling, reaming and
tapping; tool and die making, tool grinding and
machine grinding, axle truing, axle, wheel and tire
turning and boring engine inspecting; air equip
ment, lubricator and injector work; removing, re
placing, grinding, bolting and breaking of all
joints on superheaters; oxyacetylene, thermit and
electric welding on work generally recognized as
Machinists' work, the operation of all machines
used in such work, including drill presses and bolt
threaders using a facing, boring or turning head or
milling apparatus; shipyard Machinists work; and
all other work generally recognized as Machinists'
work."
The Organization also noted that this work belongs to the Machinists
by past practice.
The International Brotherhood of Boilermakers, Iron Shipbuilders,
Blacksmiths, Forgers & Helpers has filed a third party Submission in this
case. In addition to claiming the work in question, the Boilermakers argue
the Machinists have not complied with the provisions of Memorandum A, which
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 Chairman 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.
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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."
Upon complete review of the evidence, the Board finds 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 W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: -
Nancy Nancy J. pffer - Executive Secretary
Dated at Chicago, Illinois, this 1st day of April 1987.