Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11398
SECOND
DIVISION
Docket No. 11029-T
88-2-85-2-129
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Seaboard System Railroad
(Louisville and Nashville Railroad)
Dispute: Claim of Employes:
1. That the Seaboard System Railroad Company (formerly Louisville
and Nashville Railroad Company), hereinafter referred to as the Carrier,
violated the Agreement, particularly, but not limited to, Rules 104 and 30(a),
when a Boilermaker was assigned to perform Cayman's work at Nashville,
Tennessee on January 31, February 1 and February 2, 1984.
2. And, accordingly, the Carrier should be ordered to compensate
Cayman D. Farthing for twelve (12) hours and Cayman R. E. Sullivan for six (6)
hours all at time and one-half rate as the result of said violations.
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 basic facts of this case are set forth as follows: On January
31, February 1 and 2, 1984, a Boilermaker was assigned to assist a Machinist
and an Electrician modify a wrecking outfit power car, SCL741082, which
involved the replacement of an electric power plant. The wrecking outfit was
a converted passenger car. It is the Organization's position that said work
accrued to the Carmen's craft, since it was covered under the Carmen's Classification of Work Rule (Rule 104) and further, since Carmen had customarily
performed this type of work. In support of its position, it cites Second
Division Award Nos. 1269, 4256, and 9814 as controlling authority, and particularly notes that the holding in Award No. 9814, by interpretative extension applies herein. In Award No. 9814 the Board held in part:
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Award No. 11398
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88-2-85-2-129
"On this property, camp cars are not passenger
or freight cars within the meaning of Rule 104,
classification of work. Consequently, the work
in question was not specifically reserved to
carmen although it clearly would have been had
it been performed at the shops in Mobile,
Alabama. Nor have carmen exclusively worked on
camp cars away from the shop on this property.
Rather, Maintenance of Way employees have performed minor repairs on these camp cars located
on the line of road for many years. In light of
this, there was obviously no system-wide practice of assigning this work exclusively to
carmen."
Moreover, the Organization contends that inasmuch as Carrier has not contested
that the Boilermaker fabricated and welded brackets, patched a hole in the
wall and patched a hole in the roof, the work accrued to the Carmen, consistent with the protective work categories of Rule 104. The initial part of
this provision is referenced as follows:
"Carmen's work shall consist of building,
maintaining, dismantling, painting and
inspecting of all passenger and freight cars."
The Organization also charges that Carrier violated Rule 30 (Assignment of
Work).
Carrier concedes that while a Boilermaker was assigned to replace
the power plant, the Boilermaker assisted two other craft employees, and spent
approximately 6 hours performing actual asserted protected work in 3 days.
Specifically on:
January 31 - 3 hours enlarging base for new power plant
February 1 - 1 hour welding brackets for the electrician
February 2 - 2 hours cutting and welding for sheet metal
worker on exhaust pipe and welding buffer on
the roof.
It also points out that Carmen were not involved in the initial installation
of the power plant in the converted car and maintains that the car could not
be categorized as a passenger or freight car under the contemplated definition
of Rule 104. It.referenced Second Division Award Nos. 9814, 10732, 10784,
10801 as supportive precedential authority.
As an interested third party to this dispute, the International
Brotherhood of Boilermakers, Iron Ship Builders, Forgers and Helpers filed
written response, wherein the Boilermakers' Organization claimed that said
work accrued by Agreement Rule to its members (Rule 70). It asserted:
a
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Award No. 11398
Docket No. 11029-T
88-2-85-2-129
"It is the position of this Organization that
the Carmen's craft does not have an exclusive
jurisdiction to the work in this instant claim.
The work in question has clearly been work normally assigned to the Boilermakers' craft, the
modification of the base for the power plant,
welding brackets for the Electricians and cutting and welding for the Sheet Metal Workers
Craft. The carmen are now attempting to change
a well established practice by claiming exclusive jurisdiction. It is for this reason and
the aforementioned reasons that your Honorable
Board must deny this claim."
In our review of this case, we concur with Carrier's position. We
do so for several reasons. Firstly, strict literal reading of Agreement Rule
104 clearly indicates that the work of building, maintaining and dismantling
applies to all passenger and freight cars. This is explicit definitional
language and it excludes a converted power support car. Secondly, our decision in Second Division Award No. 9814 noted Rule 104's application to passenger and freight cars and also noted that the work at issue was not specifically reserved to Carmen, though it would have been had it been performed at
the shops in Mobile, Alabama. Of pivotal importance in that case, was our
finding of non-systemwide exclusivity and the correlative situation specific
finding that the work would have accrued to Carmen at Mobile. In the case at
bar, there is no evidence that the disputed work was historically performed by
Carmen at Nashville, Tennessee, or that members of the Carmen craft historically performed such work systemwide. In fact, the evidence shows that Carmen
were not used to install the initial power plant in the converted car. Similarly, we must disagree with the Boilermakers claim of exclusivity, since
their Classification of Work Rule does not provide such work protection and
there is no consistent unambiguous evidence that Boilermakers were normally
assigned those tasks.
A W A R D
Claim denied.
Attest
Nancy vet - Executive Secretary
Dated at Chicago, Illinois, this 6th day of January 1988.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division