Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12100
SECOND DIVISION Docket No. 11779-T
91-2-89-2-94
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
1. The Carrier violated the provisions of the current controlling
agreement when they improperly assigned other than Sheet Metal Workers in
violation of Rule 126, on October 8, 1988, to perform the work formerly
performed at the Ready Track, Clifton Forge Diesel Shop.
2. That accordingly, the Carrier be required to compensate Sheet
Metal Worker T. B. McCaleb eight (8) hours pay at time and one half.
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 ,Tune 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 Association of Machinists and Aerospace Workers was advised of the pendency of this dispute, but
did not file a Submission with the Division.
On the claim date the Sheet Metal Worker regularly assigned at the
Ready Track worked in the Locomotive Shop. He was not replaced at the Ready
Track. Instead, instructions were issued that if any sand problems or work
requiring the skills of a Sheet: Metal Worker developed, the unit involved was
to be sent to the Diesel Shop where Claimant was assigned. No units were sent
to the Diesel Shop.
Form 1 Award No. 12100
Page 2 Docket No. 11779-T
91-2-89-2-94
Claim was filed, contending that Machinists tested sanders, examined
sand traps, repaired M. U. hoses, cut and coupled units during the shift that
Claimant was at the Diesel Shop. It was denied on the basis that work belonging exclusively to Sheet Metal Workers was not performed by Machinists.
The Organization has not submitted supporting evidence detailing the
functions of work alleged to have been completed by Machinists on the Claim
date when Claimant was sent to the Diesel Shop. It merely has made broad allegations to the effect that Claimant was not at the Ready Track, ergo, Sheet
Metal Workers' tasks must have been completed by others. The Organization's
burden in demonstrating what work was alleged to have been performed in violation of the Agreement has not been met.
Nonetheless, it must be noted that this Division has previously
issued a number of Awards involving these same parties which concluded that
"MUing" locomotives and checking sanders (and associated tasks of this
nature) is not the exclusive work of Sheet Metal Workers. In this regard
see Awards 11162, 10159, 9234, 8685 and 7403.
A W A R D
Vow
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nay J. De4~ Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1991.