Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11330
SECOND DIVISION Docket No. 10913-T
2-SP-SMW-187
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig 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 Motive
Power and Car Department Agreement when pipe work coming under these rules of
Agreement and historically performed by employees of the Sheet Metal Workers'
Craft was wrongfully assigned to employes of the Maintenance of Way Department.
2. That claimants R. Flores, J. Toney, J. Lee and J. McLucas be
compensated by the Carrier for 40 hours pay each at their straight time rate
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 Brotherhood of Maintenance of Way Employes was notified of this
claim as a potential party of interest. The Brotherhood of Maintenance of Way
Employes has provided a Submission for the Board's consideration.
This Claim arose after Maintenance of Way Employes ran two water
pipes, each approximately twenty (20) feet long, from a shutoff valve to a
Paint Spray Booth located within the Carrier's painting facility. The issue
is whether work of this character has customarily and traditionally been
performed by the Sheet Metal Craft and, therefore, is contractually reserved
to that craft.
The Board notes that both parties have presented certain arguments
and contentions related to this dispute that were not raised on the property.
Therefore, these will not be given consideration in our deliberation in this
matter.
Form 1 Award No. 11330
Page 2 Docket No. 10913-T
2-SP-SMW-'87
Turning to the merits, the Board had carefully reviewed the evidence
properly before us. Based on this review, we conclude that the Organization
has not successfully met its burden of proof required in matters such as here.
We are satisfied that Maintenance of Way Employes have performed work of the
kind described in the Claim in the past and under similar circumstances.
Accordingly, under the particular facts and circumstances properly before us,
the Claim must fail.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.~iSe r - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of September 1987.