Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11533
SECOND DIVISION Docket No. 9263-T
88-2
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Chicago & North Western Transportation Company
STATEMENT OF CLAIM:
1. That the Carrier, under the current agreement, assigned other than
employees of the Sheet Metal Workers' Craft (Boilermakers and Machinists) to
perform work covered by Rules 102 and 103 as modified by the memorandum of
agreement as agreed to by the Sheet Metal Workers and the Chicago and North
Western Transportation Company dated September 25, 1958. This work consisted
of the renewal and application of the interior cab walls and window tracks on
Locomotive Unit 6905, July 7, 1980.
2. That accordingly, the Carrier be ordered to additionally compensate Sheet Metal Worker, J. Kapla, G. Novak, D. DeWinter, K. Coisman, D.
Janssen, G. Willcox, A. Kozub and R. Peters in the amount of four hours at the
time and one-half rate divided equally among them for this violation and all
subsequent violations occurring after the above listed date until this violation is corrected.
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 Railway Carmen of the
United States and Canada, International Association of Machinists and Aerospace Workers and International Brotherhood of Boilermakers, Iron Ship
Builders, Blacksmiths, Forgers & Helpers were advised of the pendency of this
dispute and did file a Submission with the Division.
Form 1 Award No. 11533
Page 2 Docket No. 9263-T
88-2
On July 7, 1980, the Carrier assigned members of the International
Brotherhood of Boilermakers and one Machinist to repair and replace the interior cab walls and window tracks on Locomotive Unit 6905 at the Green Bay
Diesel Shop. The Sheet Metal Workers International Association immediately
filed a Claim on behalf of eight (8) of its members who work at the Green Bay
Diesel Shop, contending that this work should have been assigned to Sheet Metal
Workers. It is the Association's contention that the maintenance, renewal and
repair of sheet metal and pipe work on locomotives repaired at the Green Bay
Shop has been performed by Sheet Metal Workers over the years. The Association asserts that the Carrier violated Rule 103, its Classification of Work
Rule, when it assigned the work of repairing the interior cab walls and window
tracks on Locomotive Unit 6905 to Boilermakers and Machinists.
To prevail in the Claim before this Division, the Association must
prove that Sheet Metal Workers have the exclusive right, either by contract or
past practice, to perform the work assigned to Boilermakers and a Machinist at
the Green Bay Diesel Shop on July 7, 1980. In our opinion, Rule 103, the
Sheet Metal Workers' Classification of Work Rule, does not expressly reserve
this work to Sheet Metal Workers. Nor has the Association established to our
satisfaction that Sheet Metal Workers have exclusively performed such work on
this property by tradition, practice or custom. Indeed, the Boilermakers have
asserted that their members have performed the work in dispute for many years
at the Green Bay Diesel Shop. Moreover, the Brotherhood of Railway Carmen has
insisted that its members have performed the work of repairing windows, channels and glides at numerous locations throughout the property of the Carrier.
In the light of the evidence submitted by the Boilermakers and by the
Carmen, the Sheet Metal Workers have not sustained their burden of proving
that they had the exclusive right to perform to work in question on this property by custom, tradition or practice. Inasmuch as the Association has failed to prove that its members had the exclusive right to perform this work,
either by contract or past practice, the Claim must be denied.
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 10th day of August 1988.