Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11512
SECOND DIVISION Docket No. 11370-T
88-2-87-2-2
The Second Division consisted of the regular members and in
addition Referee James E. Mason when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Western Lines)
STATEMENT OF CLAIM:
1. That the Carrier deprived Machinist R. A. Byrns, hereinafter referred to as claimant, of work that was contractually his by improperly assigning the outbound crew the task of uncoupling, coupling, adding, performing
airtest, and power testing to locomotives in the Sparks, Nevada Diesel Facility on August 28 and 29, 1985, and September 2, 4, 8, 10, 12, 13 and 14, 1985.
Thereby violating the provisions of Rule 33(a), 57 and Article V coupling, inspecting and testing of the September 25, 1964 Agreement.
2. That the Carrier be ordered to compensate Claimant a call of two
(2) hours and forty (40) minutes at the Machinist overtime rate as per Rule 11
of the Motive Power and Car Department Agreement for each occurrence.
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 bearing thereon..
The record of this case reflects that both the United Transportation
Union and the Brotherhood of Locomotive Engineers were duly notified of the
pendency of this dispute and afforded an opportunity to file a submission, but
did not do so.
This claim involves eleven (11) incidents which occurred in August
and September, 1985, in which a locomotive engineer and train crew performed
the services necessary to either add or remove diesel units to their road
power, turn diesel locomotives on a WYE track, or hostle diesel locomotives
from a pit service track to a storage track.
Form 1 Award No. 11512
Page 2 Docket No. 11370-T
88-2-87-2-2
The Claimant here involved was regularly assigned as a Machinist at
Carrier's Sparks, Nevada locomotive servicing facility. His tour of duty was
from 7:00 AM to 3:00 PM and he worked from Monday through Friday. Each of the
situations which are the basis of this grievance occurred at a time of the day
or on a day of the week when Claimant was not on duty.
The Organization argues that Carrier violated Rules 33(a), 57 and
Memorandum "A" of the M.P.&C. Department Agreement when the operating crew
members performed the service of adding to and/or cutting off diesel units,
connecting the M.U. air hoses, performed the air tests and departure inspec
tions as well as turning locomotives on the WYE track and hostling locomo
tives. It alleges that this work " - - -has been historically and consistent
ly performed by the mechanical employees at the Sparks, Nevada yard limits and
diesel facility."
On the merits, Carrier contends that the coupling and uncoupling of
diesel units has not been exclusively reserved to any particular craft of
employees; that the operating of locomotives is not, and never has been, the
duty of Machinists and that at all times in question in this case there was no
Machinist on duty.
We have carefully reviewed the record of this case; we have studied
the Rules which have been cited; we have considered the respective arguments
of the parties. It is clear from this record that the work here involved is
not expressly stated in either the Assignment of Work Rule (33(a)) or in the
Classification of Work Rule (57). What we have here is a contention of rry'
consistent performance by the Machinist craft but no proof of such consistent
performance. Clearly, when a contention of consistent or exclusive perfor
mance is made, it must be supported by clear Rule support or by convincing,
documented evidence of systemwide practice. That has not been done in this
case. Therefore, the Claims must be and are denied. (Second Division Award
11475)
Inasmuch as we have addressed and disposed of this dispute on its
merits, there is no need to fully address the procedural contentions raised
by the Carrier in this case. We would, however, remind the parties that the
provisions of the Rule 38 are clear and mandatory. The time limits and pro
cedures for the handling of Claims and grievances cut both ways and can well
stand alone as the cause for dismissal or sustaining of a Claim or grievance.
(Second Division Award 11227.) Both parties would be well advised to take
steps to insure themselves that claims communications are both timely made and
delivery is accomplished.
A W A R D
Claim denied.
Form 1 Award No. 11512
Page 3 Docket No. 11370-T
88-2-87-2-2
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.,~l~ - Executive Secretary
Dated at Chicago, Illinois, this 13th day of July 1988.