Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11282
SECOND DIVISION Docket No. 10962-T
2-SP-SMW-187
The Second Division consisted of the regular members and in
addition Referee T. Page Sharp 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 Rules 33 and 77 of the current controlling Motive Power and Car Department Agreement.
2. That employees of the Maintenance of Way Department were wrongfully assigned to perform work which has historically been assigned to employees of the Sheet Metal Workers Craft working in the Shop Maintenance Gang.
3. That claimants F. Sanders, R. Flores, J. Toney, J. Lee, J. McLucas, E. Galli, F. Mayberry, M. Mitts, J. DeFrisco and C. Davies be compensated by the Carrier for 280 hours each at their straight time rates and for
56 hours each at their overtime rates of pay.
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_
The Carrier constructed a new facility, a painting facility for diesel locomotives, at the Sacramento Locomotive Works. The facility was approximately one hundred and fifty yards long and was divided into four areas; a
prep area, a blast area, a paint and detail area, and an office area.
Certain installation and assembly functions were assigned to
Carrier's Maintenance of Way forces. Some of this work consisted of the
installation of water lines throughout the building, specifically the installation of pipes for conveying compressed air between five air compressors
located in the building and storage tanks located outside the building.
As third party in interest, the Brotherhood of Maintenance of Way
Employes was advised of the pendency of this case, and filed a Submission.
Form 1 Award No. 11282
Page 2 Docket No. 10962-T
2-SP-SMW-'87
The present Claim is for the work done by the Maintenance of Way,
forces. The alleged contractual violation is of Rules 33 and 77. These Rules
read:
"ASSIGNMENT OF WORK
Rule 33 (a) None but mechanics or apprentices classified as such, shall do mechanics' work
as per special rules of each craft, except foremen
at points where no mechanics are employed. This
rule does not prohibit foremen, in the exercise of
their supervisory duties, from performing mechanics' work.
RULE 77
CLASSIFICATIONS OF WORK
Sheet metal workers' work shall consist of tinning,
coppersmithing and pipefitting in shops, yards and
buildings (except work performed by Maintenance of
Way Department employes) and on passenger train
cars and engines of all kinds; the building, erect
ing, assembling, installing, dismantling and main
taining parts made of sheet copper, brass, tin,
zinc, white metal, lead, black, planished, pickled
and galvanized iron of 10 gauge and lighter,
including brazing, soldering, tinning, leading, and
_,err
babbiting, the bending, fitting, cutting, thread
ing, grazing, connecting and disconnecting of air,
water, gas, oil and steam pipes; operating punch
presses and power brake machines, the operation of
babbit fires; oxyacetylene, thermit and electrical
welding on work generally recognized as sheet metal
workers' work, and all other work generally recog
nized as sheet metal workers' work. Shipyard sheet
metal workers' work."
On the property a procedural violation was alleged. The Organization
claimed that the time limits of the appropriate Rule had been violated because
the Carrier had answered on the sixty first day, a period that counted the day
of the service of the Claim. While there is much arbitral authority on the
subject, this Board cannot consider them. It has long been held that a Claim
must specifically state violations of specific Rules. The Claim here does not
refer to the alleged violation, thus it cannot be addressed.
The Carrier addressed the Claim by responding in a letter of May 18,
1984, stating in pertinent part:
Form 1 Award No. 11282
Page 3 Docket No. 10962-T
2-SP-SMW-'87
"Investigation does not substantiate your
claim. Maintenance of Way has the responsibility
to pipe from the source of air and water to the
service valve. Shop crafts have the responsibility
from the service valve only. Valves which you
refer to as service valves are actually balancing
valves. These valves were installed to balance the
flow of air and water and to enable isolation of a
compressor without affecting the complex as a
whole."
This explanation was met by a communication from the Local Chairman stating
that the contention was in error.
Numerous settlements of Claims were put in the record and said to be
determinative of the jurisdictional issue. This Board rejects this supposition. If Boards were to utilize settlements to determine present controversies, the settlement process would be irrevocably dampened.
Several affidavits, all reading basically alike, were submitted from
long-time Sheet Metal Workers. These say:
"I have been employed by the Southern Pacific
Railroad as a Sheet Metal Worker at the Sacramento
Shop (Sacramento Locomotive Works) for years.
During this period of time I have been assigned to
the Shop Maintenance Gang commonly referred to as
the 'Repair Gang', for years. Many times as
part of my assigned duties, I have performed all
pipe work connected to the Air Compressors located
at the Steam Plant Building, at the Air Room (Air
Brake Shop) and at the former Car Shop #9 Area...
We interpret these to mean that the individual is not claiming he performed
all pipe work, meaning total, because all of these affidavits say the same.
The only logical meaning is that the individual has performed all types of
pipe work at the points mentioned. We do not find these affidavits determinative as described below.
Although some Awards have found that Rule 77 explicitly gives the
pipe work to the Sheet Metal Worker, we do not so read the Rule. The first
part of sentence one creates some ambiguity when it states "Sheet metal work
ers' work shall consist of . . . pipefitting in shops, yards and buildings
(except work performed by Maintenance of Way Department employes) . . .' The
Rule encompasses the seeds of disputes between these two crafts.
Form 1 Award No. 11282
Page 4 Docket No. 10962-T
2-SP-SMW-'87
Because of the possibility of overlap of work, many Awards have held
that for either craft to claim absolute right to the work, it must prove
exclusivity. The conflicting statements as to the nature of the valves do not
resolve the matter for us. Neither do the statements from the employees
stating that they have done the work. No contention is made from the statements that the Sheet Metal Workers had exclusively performed the work.
The burden of proof on the party alleging a Rule violation rests
solely with that party. The proof must be presented to the Board in a clear,
concise manner that will allow us to make a reasoned judgment. This is especially true in cases as this where the evidence concerns technical matters
whereby slight differences can delineate jurisdictional work lines. The proof
has not been presented to us in such a manner, thus we are unable to make the
reasoned judgment for which we are empaneled. We find that the Organization
has not met its burden of proof.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. e - Executive Secretary ·,r#
Dated at Chicago, Illinois, this 1st day of July 1987.