Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12358
SECOND DIVISION Docket No. 11780-T
92-2-89-2-72
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:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. The Carrier violated the provisions of the current controlling
agreement when they improperly assigned other than Sheet Metal Workers to service, inspect, connect and/or :repair locomotives that pass through the Storage
Track area at the Carrier's Northtown Diesel Facility commencing March 31,
1988 and continuing until properly adjusted.
2. That accordingly, the Carrier compensate Northtown Sheet Metal
Workers R. Basham and L. Trinh, hereinafter referred to as the Claimants, in
the amount of eight (8) hours pay at the overtime rate, to be divided equally
among the Claimants, commencing March 31, 1988 and continuing on a daily basis
until properly adjusted.
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 and International Brotherhood of Electrical
Workers were advised of the pendency of this dispute and each filed a response
with the Division.
The Claim before this Board contends that the Organization's Agreement was violated when employees not assigned under the Sheet Metal Workers'
Agreement performed the work of inspecting, connecting and disconnecting air
Form 1 Award No. 12358
Page 2 Docket No. 11780-T
92-2-89-2-72
Iwo
hoses, between locomotives. Carrier asserts that this work is not exclusively
reserved to Sheet Metal Workers under its Agreement. In our Award 12072, involving the same Organization and the same Carrier, as well as some of the
same elements of work, an Agreement violation was not found to have occurred
when individuals not working under the Sheet Metal Workers Agreement manipulated gladhands on rubber air hoses (the principal task involved here). We do
not find Award 12072 to be in palpable error. It will be followed here. (See
also Second Division Award 12061 involving this Organization and a different
Carrier, which reached the same result.)
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _
ancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 1st day of July 1992.