Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12232
SECOND DIVISION Docket No. 12055-T
92-2-90-2-211
The Second Division consisted of the regular members and in
addition Referee
Barry E. Simon when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the Chesapeake & Ohio Railroad Company (CSX Transportation,
Inc.) (hereinafter "carrier") violated the provisions of Rule 32 and 154 of
the Shop Crafts Agreement between Transportation Communications International
Union - Carmen's Division and the Chesapeake & Ohio Railroad Company (CSX
Transportation, Inc.) (revised June 1, 1969) and the service rights of Carmen
B. Toliver, A. G. Hales, Jr., J. W. Burroughs, W. E. Fannin, A. A. Flocker and
D. Tolliver (hereinafter "claimants") when on April 2, 1986 the carrier utilized members of the Sheetmetal Craft to build bases and platforms for installing gas heaters.
2. That, accordingly, the claimants are entitled to be compensated
for seventy-two (72) hours each at the applicable pro rata rate for the
carrier's violation of the aforementioned Agreement Rule.
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 Sheet Metal Workers International
Association was advised of the pendency of this dispute, but without prejudice
to its position, chose not to intervene.
Form 1 Award No. 12232
Page 2 Docket No. 12055-T
92-2-90-2-211
On April 2, 1986, Carrier assigned Sheet Metal Workers to build steel
bases and platforms for the installation of gas heaters at its Raceland Car
Shops. The Organization filed this claim, asserting such work had been historically performed by Carmen. In denying the claim, Carrier averred Sheet
Metal Workers had done similar work in 1953, 1956 and 1957. Aside from
arguing that such work is not exclusively reserved to Carmen, Carrier submits
this Board is without jurisdiction to consider the matter.
This case presents a genuine jurisdictional dispute between the
crafts of Carmen and Sheet Metal Workers. This does not appear to be a matter
of the Carrier unilaterally reassigning work which has historically and regularly been performed only by Carmen. We note the Organization, after the
initial denial of the claim, in which Carrier advised of Sheet Metal Workers
having done this work, wrote, "If you will check records you will find that
carmen in the past also built bases at Raceland Car Shops." It appears, from
this statement, that both crafts may have performed this type of work in the
past. Furthermore, the only portion of the Classification of Work Rule (Rule
154) relied upon by the Organization is the phrase "and all other work generally recognized as carmen's work." There is no part of Rule 154 which explicitly reserves this work to Carmen.
Carrier has cited several Awards of this Board which have involved
Supplement No. 6 of the Agreement, to which the Brotherhood Railway Carmen and
the Sheet Metal Workers' International Association are signatories. Supplement No. 6 requires that jurisdictional disputes must be handled between the
General Chairmen of the crafts involved before any other processing of the
claim occurs. The record in this case does not indicate such handling of the
matter has taken place. As this prerequisite procedure has not been followed
by the Organization, the claim herein will be dismissed. (See Second Division
Awards 11070, 11473, 11656 and 11657.)
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 8th day of January 1992.