Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12195
SECOND DIVISION Docket No. 11831-T
91-2-89-2-134
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Richmond, Fredericksburg & Potomac Railroad Company
STATEMENT OF CLAIM:
1. The Carrier violated the previsions of the current controlling
agreement when they improperly assigned other than Sheet Metal Workers in
violation of Rule 111 on July 27, 1988, to perform the work of "prelubing" at
the Carrier's Potomac Yard facility.
2. That, accordingly, the Carrier be required to compensate Sheet
Metal Worker F. G. Causey 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 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 Association of
Machinists and Aerospace Workers was advised of the pendency of this dispute
and filed a response with the Division.
The Organization contends that Carrier violated the Agreement,
particularly Rule 111 when a Machinist pre-lubed diesel locomotive No. 8 at
Potomac Yard on July 27, 1988. Said work was performed during the 11:00 P.M.
to 7:00 A.M. shift and pursuant to instructions from the Machinist's supervisor. It was the Organization's position that contrary to Carrier's contention that prelubing was a normal part of starting any engine that has been
down for more than twenty-four hours, pre-lubing was only done on engines that
have been completely drained and placed out of service for a considerable
length of time. It points out that pre-lubing is piping up tight and forcing
oil through the entire engine. Rule 111 reads:-
Form 1 Award No. 12195
Page 2 Docket No. 11831-T
91-2-89-2-134
"Sheet Metal Workers' work shall consist of tinning,
coppersmithing and pipefitting in shops, yards,
buildings, on passenger coaches and engines of all
kinds; the building, erecting, assembling, instal
ling, dismantling and maintaining parts made of sheet
copper, brass, tin, zinc, white metal, lead, black,
planished, pickled and galvanized iron of 10 guage
and lighter, etc. The bending, fitting, cutting,
threading, brazing, connecting and disconnecting of
air, water, gas, oil and steam pipes and all other
work generally recognized as Sheet Metal Workers'
work."
Carrier notes that Potomac Yard is a running repair facility and
pre-lubing is an incidental part of the total work involved in starting a
locomotive. It contends that the hose connecting the transfer pump between
the barrel and the engine is not a pipe and asserts that Rule 111 does not
contain language equating hoses to pipes. It further argues that the starting
of dead diesel engines has never been craft specific work and observes that as
a matter of past practice, Machinists at Potomac Yard have consistently per
formed pre-lubing in connection with the starting procedure without complaint
by the Sheet Metal Workers.
In considering this case, the Board concurs with Carrier's position.
As the petitioning party, the Organization is responsible for developing the
substantive bona fides of its claim either by reference to explicit protective
contract language or by a showing of system-wide past practice. We do not
find unmistakable contract language that reserves said work to the Sheet Metal
Workers or a factual demonstration of past practice. In order to prevail, the
Organization was obligated to adduce factually persuasive evidence showing
that Sheet Metal Workers owned this work. This could have been done by the
submittal of prior Awards ruling that said work accrued exclusively to the
Organization or statements by employees, including those from other crafts,
attesting that said work was performed by Sheet Metal Workers. In view of the
paucity of data contained in this record, this Board of necessity, must deny
the claim.
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 13th day of November 1991.