Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12423
SECOND DIVISION Docket No. 12399
92-2-91-2-199
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
1. That the Southern Railroad Company violated the controlling
Agreement when work belonging to the Painters' Craft was improperly assigned
to employes of the Carmen's Craft on May 24, 1990 at Coster Shop, Knoxville,
Tennessee.
2. That accordingly, the Southern Railroad Company be ordered to
assign the application of these decals as outlined in this dispute and all
similar applications to employes of the Painter's Craft.
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.
This dispute arises because on May 24, 1990, the Carrier's Carmen at
Coster Shop placed two adhesive backed decals on the sides of rapid discharge
hopper cars. These cars are equipped with pick up shoes to contact an electrically charged actifying device which automatically opens the car doors.
These shoes make the car wider than the normal freight car. The decals were a
safety precaution to warn employees who might be unfamiliar with the equipment. The Organization takes exception to the use of Carmen and claims that
such work belongs exclusively i~o Carmen Painters. In so doing, it relies on
Rules 40 and 132 of the Agreement. Rule 40 simply assigns work to each craft
as the Classification of Work Rule describes. Rule 132 (The Classification of
Work Rule) in pertinent part on which the claim rests reads:
Form 1 Award No. 12423
Page 2 Docket No. 12399
92-2-91-2-199
". . . painting, varnishing, surfacing, lettering,
decorating, and cutting of stencils; removing paint
(except paint removal in vats); all other work
generally recognized as painters work under the
supervision of the locomotive and car department;
There is no reference to decals, stickers, or other similar objects in the
Rule. The application of adhesive backed decals requires no special skills,
painting, or any other attributes of the Painters Craft. There are numerous
letters in the file attesting to the fact that safety stickers and decals have
been placed on various objects throughout the operation by various Crafts and
supervisors. The application of the decals under consideration was the first
time decals of this type had been used on hopper cars. In view of the foregoing, the claim that the decal application falls under the clause - all other
work recognized as painter work - cannot be sustained. Accordingly this Board
finds that the Carrier's assignment of personnel other than Painters to apply
the decals to the hopper cars did not violate the controlling Agreement. It
has long been recognized that the Carrier has the right to assign work and
manage its operation subject to limits established by Rule or Agreement.
There are no such limitations on the action complained of in this claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy Jver - Executive Secretary
Dated at Chicago, Illinois, this 9th day of September 1992.