Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11339
SECOND DIVISION Docket No. 10934--T
2-B&0-SMW-'87
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(Sheet Metal Workers International Association
Parties to Dispute:
(Baltimore and Ohio Railway Company
Dispute: Claim of Employes:
1) That the Carrier, under the Current Working Agreement, assigned a
carpenter to help the Sheet Metal Worker Foreman in the assignment of hooking
up and plumbing of the Carpenter Force's Camp Car, which is a violation of the
Current Working Agreement and Rule 114 of the Baltimore and Ohio Railway
General Agreement.
2) That, accordingly, the Carrier be ordered to additionally compensate Engineering Department Sheet Metal Worker, R. L. Clary, eight (8)
hours pay at straight time 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.
As Third Party in interest, the Brotherhood of Maintenance of Way
Employes were advised of the pendency of this case, but chose not to file a
Submission.
This dispute originated when the Carrier assigned a Carpenter to
assist a Sheet Metal Foreman in some plumbing repair work on December 27,
1983. The plumbing was fixed on one of the Carrier's camp cars located near
Chillicothe, Ohio.
The Carrier acknowledges that it used a Carpenter for approximately
two hours to perform the work in question. The Organization claims that the
work belongs to its members, and that the Carpenter spent more than two hours
doing it. A Claim was filed on January 18, 1984 for eight hours' straight
time pay.
Form 1 Award No. 11339
Page 2 Docket No. 10934-T
2-B&0-5MW-'87
The Carrier responded to the Claim and argues here that there was not -
sufficient work "to justify the re-establishment of a Sheet Metal Repairman
position or recall of yourself to duty." Although the record is not entirely
clear on this point, the Board concludes that the Claimant was furloughed at
the time the disputed work was performed, since the Organization states that
he was "cut off" at that time.
The Carrier does not dispute that the work in question belonged to
the Sheet Metal Workers under the Classification of Work Rule (Rule 114) of
the applicable Agreement between the Parties. That Rule gives to the Organization jurisdiction over "pipefitting...on passenger coaches and engines of
all kinds."
Instead, the Carrier contends that under the circumstances, it did
not violate the Agreement when it assigned a Carpenter instead of a Sheet
Metal Worker to perform the disputed work. Part of the Carrier's argument is
based upon its assertion that the Carpenter spent only two hours of time on
the disputed work. The Organization asserts that eight hours of work were
performed. However, the Organization has offered no evidence to support its
assertion and since the Organization carries the burden of proving each of the
major elements of its Claim, (Second Division Award No. 6893), the Board cannot conclude that more than two hours of work were performed.
The question then is whether two hours of work belonging to the Sheet
Metal Workers, but performed by a Carpenter, constitutes a violation of the
Agreement. Apparently there were no Sheet Metal Workers assigned to the shift ~n
at the time the work was performed. In fact it appears that there was no
Sheet Metal Worker position any longer assigned to that shift. Therefore the
Carrier would have had to recall the Claimant from his furlough status in
order to have a Sheet Metal Worker perform the two hours of work in question.
Under these circumstances the Board concludes that the amount of work
involved was _de minimis. As this Board concluded in Second Division Award No.
7587, four scattered instances of work consuming an hour or so each, were not
sufficient to establish a violation of the Work Rule, at least where the
Claimants had been furloughed and the Shop was shut down, except for a
skeleton maintenance crew. A similar situation existed in the instant case
and warrants the same conclusion.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of September 1987.