Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12051
SECOND DIVISION Docket No. 11943-T
91-2-90-2-51
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.

(Brotherhood Railway Carmen/Division of TCU PARTIES TO DISPUTE:


STATEMENT OF CLAIM:

1. That the Kansas City Terminal Railway Company violated Rules 6, 7, 8, 9, 19 and 71 of the current agreements when they called Roundhouse Pipefitter and Welder Mike Rock to bring the wrecker to Mill St. Yard. After arriving, Mr. D. E. House, Superintendent, called Cayman D. C. Wall to the site and Pipefitter Rock assisted and performed carmen's work in repairing trucks of tank car PLCX224528 placing them under the car and in essence, repaired, replaced and inspected tank car. This was on November 29, 1988. Carmen were assigned and available to perform the work in question.

2. That because of such violation, the Kansas City Terminal Railway Company be ordered to compensate Carmen N. J. Hayes and Robert Hayes in the amount of eight (8) hours each at the time and one-half rate of pay.

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.



As Third Party in Interest, the Sheet Metal Workers International Association was advised of the pendency of this dispute and filed a Submission with the Division.

On November 28, 1988, a railroad tank car lost the "B" end set of trucks and was derailed. One of the Carrier's Superintendents directed a Pipefitter-Welder to proceed to the derailment site with a Cline truck. The Pipefitter picked up various pieces that were lost from the tank car, including the wheels, wedges-and springs. He also operated the boom on the truck to
Form 1 Award No. 12051
Page 2 Docket No. 11943-T
91-2-90-2-51

assist with placing the trucks under the tank car. The dispute here focuses on the question of whether the work performed by the Pipefitter and the Superintendent belonged to the Carmen at the Kansas City Terminal, both by the rules and past practice.

In this Claim, there are two general work functions being claimed by the Organization, the operation of the Cline truck and the work of retailing. With respect to the driving of the Cline truck, there is no agreement provisions or past practice to support the Organization's claim. Indeed, it was never substantively refuted on the property that members of other crafts also operated the Cline truck.

With respect to the remainder of the work involved in retailing the car, it is apparent that retailing is Cayman's work; however, it is not exclusively Cayman's work. Rule 71 - Classification of Work is applicable to this Claim and it does not contain the term "retailing." Accordingly, for the Organization to prevail in a case of this kind, because there is no evidence that it is entitled to the work by specific rule language, its claim can only rest on the last phrase of Rule 71 which reads "...and all other work now generally recognized as carmen's work." However, to meet its burden under this language, it must show an exclusive system-wide past practice, a burden it has not met. The Board also notes that past Awards have rejected the same
argument on the same issue as here, i.e., that retailing is not exclusively'
Cayman's work (see Second Division Awards 6361, 3859, among others).








                          By Order of Second Division


Attest:
        Nancy 40111 er - Executive `Secretary


Dated at Chicago, Illinois, this 15th day of May 1991.