Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11643
SECOND DIVISION Docket No. 11281
89-2-86-2-92
The Second Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Sheet Metal Workers' International Association
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
Claim 48 hours at the Quality Control Inspector F.L.I. rate of pay
for claimant Sheet Metal Worker C. A. Davies.
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.
It is the contention of the Organization that the Carrier violated
Rules 33 and 77 of the Agreement when the Claimant's position was abolished on
April 18, 1985 and the inspecting duties of his position were performed on
April 19, 22-24 and May 2 and 7, 1985, by a Quality Control Inspector who is a
Carrier Supervisor. The Rules, in pertinent part, read as follows:
"Rule 33 (a) - None but mechanics or apprentices
classified as such, shall do mechanics work as per
special rules of each craft, except foremen at
points where no mechanics are employed. This Rule
does not prohibit foremen, in the exercise of their
supervisory duties from performing mechanics work."
"Rule 77 - Sheet Metal Workers' work shall consist... and all other work generally recognized as
Sheet Metal Workers' work."
The Claimant held a regular position as a Quality Control Inspector,
responsible for Federal Locomotive Inspection Reports and "other Lead Sheet
Metal Worker Duties." Among the duties he performed were various Quality
Control Inspections and Reports.
Form 1 Award No. 11643
Page 2 Docket No. 11281
89-2-86-2-92
The Carrier responds to the claim by stating that the Quality Control
Supervisor did, in fact, inspect units on the dates in question. It holds,
however, that such was in line with the performance of the Supervisor's normal
duties. The Carrier argues that Quality Control Inspectors have always retained the authority to plan, conduct, audit and document inspections as a
matter of past practice.
After study of the record the Board must underline that for the Organization to prevail in a claim such as this it must substantiate that the work
in question falls under the Classification of Work Rule, or that the work in
question had historically and exclusively been performed by Sheet Metal Workers. The Board is unpersuaded that the duties in question in this instance
fall under the category of "...all other work generally recognized as Sheet
Metal Workers' work." In addition, the Carrier has consistently argued
throughout the handling of the claim on the property, and in its Submission to
the Board, that the tasks performed by the Quality Control Inspector were consistent with past practice. The Organization has failed to refute this argument by means of probative evidence.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. ~r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of January 1989.