Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11414
SECOND DIVISION Docket No. 11301-T
88-2-86-2-115
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Sheet Metal Workers' International Association
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
1. The Carrier violated the provisions of the current and controlling agreement when they improperly violated Rules 29, 53 and 103 of said
agreements when beginning about July 1, 1985 the carrier improperly assigned
machinists James Beavers and Lorenzo Sawyer the job of repairing AC drip pans,
rain pans, drilling, tapping and replacing all missing and broken bolts in
these pans.
2. That accordingly an accurate record be kept of the total time the
machinists have been assigned to repair pans and that total compensation be
divided equally among the Sheet Metal Workers' employed at California Avenue
Facility, car shop.
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 employees 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 International Association of
Machinists and Aerospace Workers was advised of the pendency of this dispute,
and chose to file a submission with the Division.
The pivotal question at bar is whether Carrier improperly assigned
the work of Sheet Metal Workers to the Machinists. The disputed work involved
repairing pans and the drilling, tapping and replacing of bolts used on those
pans. Organization contends that Sheet Metal Workers employed at Carrier's
California Avenue car shop have done the disputed work and have Agreement
support for their Claim in Rules 53 and 103.
Form 1 Award No. 11414
Page 2 Docket No. 11301-T
88-2-86-2-115
During the progression of this Claim on property the Carrier denied
that Machinists were working on the drip or rain pans. Carrier maintained
that the Machinists work with bolts was incidental to their normal servicing
of the air conditioner blower assembly. Carrier denied any Agreement violation.
By response to a Third Party Notice, the Machinists deny any violation wherein they have improperly done work which by Agreement belongs to
the Sheet Metal Workers.
This Board has carefully studied the cited Rules of both the Sheet
Metal Workers and Machinists as well as the evidentiary support. In our
review of this record, we fail to find sufficient probative evidence to
support the asserted violation. Evidence that Sheet Metal Workers have been
assigned drilling, tapping and replacing of bolts when associated with the
work of servicing the blower assembly is lacking. That such work has been
done by Sheet Metal Workers when working with the pan does not support the
exclusivity of the work to that craft. A careful review of the Rules does not
establish this specific task as one exclusively within the Scope of the
Agreement. Assertions that the repair of the pans is at issue fall short.
There is no probative evidence that the work involved the repair of pans or
that such work was being done by Machinists.
There is no support in the record to sustain either the Claim that
drilling, tapping, and replacing bolts belongs to the Sheet Metal Workers, or
that past work of rehabilitating the drip pans is applicable to the service
of air conditioners, wherein those drip pans must be removed incidental to
Machinists' work. Finding insufficient evidence to support the Organization's
Claim, the Claim is denied in its entirety (Second Division Award 8823).
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ,
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 20th day of January 1988.