Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11788
SECOND DIVISION Docket No. 11592-T
89-2-88-2-88
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:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM
1. That the Atchison, Topeka and Santa Fe Railway Company violated
the controlling agreement, specifically Rule 81, 82 and Appendix 6 as well as
past historical practice when they arbitrarily assigned Sheet Metal Worker's
work to other than (Laborers) ;sheet Metal Workers.
2. That accordingly, The Atchison, Topeka & Santa Fe Railway Company
be ordered to compensate Grand Division Sheet Metal Workers R. H. Sedlock and
D. H. Decaney in the amount of three and one-half (3 1/2) hours pay at overtime rates.
FINDINGS:
The Second Division o:` the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carries.^s 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 International Brotherhood of Firemen
and Oilers was advised of the pendency of this dispute and filed a Submission
with the Division.
Claim of the Organization is that Carrier violated Rules 81, 82 and
Appendix 6 when it allowed other than Sheet Metal Workers to pump the fluids
from the west pit of Track 523., The Organization argues that said work belongs to its employees and the use of Laborers violated Agreement language and
past practice.
The Carrier denies that in the instant case Sheet Metal Workers have
the Agreement right to pump the fluid buildup as such day-to-day work has
always been performed by shop 1?ersonnel. It is the Carrier's position that
only when exceptional conditions occur, (such as a natural flood) are Sheet
Metal Workers utilized.
Form 1
Page 2
Award No. 11788
Docket No. 11592-T
89-2-88-2-88
Our review indicates that laborers utilizing a portable pump to dispose of fuel in the pit, accidently drained the fluid into the city sewer
system, rather than the Carrier's disposal manhole. Although the Organization
claims that normal conditions did not exist on August 17, 1986, the date of
the claim, the Board finds insufficient substantive evidence to support that
general view. In addition, we have carefully reviewed Rules 81, 82 and Appendix 6. There is nothing in Rule 81 (Sheet Metal Workers' Qualifications) or
Rule 82 (Sheet Metal Workers' Classification of Work) that lists the disposal
of fluids in a pit by use of a portable pump.
This Board has also carefully reviewed Appendix No. 6. There i evidence presented by the organization to support the applicability of t
provision to the instant dispute. In the absence of specific language and
Carrier's refutation of same, this Board must turn to past practice.
The Board finds no evidence in the record that the disputed work has
been performed exclusively by Sheet Metal Workers on this property or system
wide. Carrier states that laborers have historically done this work both on
this property and at other points on the system. The Organization's Claim of
past practice is not supported by evidence of record. As in similar cases
before this Board, the Claim is denied for lack of specific Rule langauge and
proof (Second Division Awards 11246, 11535, 11422).
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A W A R D
Claim denied.
Attest:
Nancy
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Executive Secretary
Dated at Chicago, Illinois, this 8th day of November 1989.