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.



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.