Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12425
SECOND DIVISION Docket No. 12401-T
92-2-91-2-207
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (formerly the Chesapeake
( and Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the Carrier, under the current working agreement between the
Sheet Metal Workers and the Carrier, violated Rule #126 of the agreement.
2. That accordingly, the Carrier be ordered to compensate the employee
W. L. Painter, Sr., one half hour (30") at the straight time rate.
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,
but did not file a Submission with the Division.
The Carrier maintains a small locomotive facility at Clifton Forge,
Virginia. On December 27, 1990, a Machinist was assigned the task of renewing
a gasket on an air compressor discharge pipe on a unit.at the Ready Track.
There was a small amount of work involved as can be ascertained by the Claim
for thirty minutes compensation. On the aforementioned date, Claimant was in
furlough status. The one regularly assigned Sheet Metal Worker at Clifton
Forge was on vacation and not available for call. The Organization maintains
that the use of a Machinist
to
accomplish the minor repair was a violation of
the Agreement and, therefore, Claimant must be paid. In furtherance of the
Claim, the Organization cites Rule 126 of the Agreement. That Rule reads:
Form 1 Award No. 12425
Page 2 Docket No. 12401-T
92-2-91-2-207
"(a) 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,
installing, dismantling (for repairs only), and
maintaining parts made of sheet copper, brass, tin,
zinc, white metal, lead, black, planished, pickled
and galvanized iron of 10 gauge and lighter (pre
sent practice between sheet metal workers and
boilermakers to continue relative to gauge of iron)
including brazing, soldering, tinning, leading and
babbiting (except car and tender truck journal
bearings), the banding, fitting, cutting, thread
ing, brazing, connecting and disconnecting of air,
water, gas oil and steampipes; the operation of
babbit fires (in connection with sheet metal work
ers' work); oxy-acetylene, thermit and electric
welding on work generally recognized as sheet metal
workers' work and all other work generally rec
ognized as sheet metal workers' work.
(b) In running repairs, other mechanics than sheet
metal workers may remove and replace jackets and
connect and disconnect pipes where no repairs are
necessary to the jackets or pipes in question."
A careful reading of the Rule does not reveal any mention of the work for
which the Claim is made. The Carrier points out that other than the Sheet
Metal Workers craft may perform this work when it is incidental to other
duties being performed and that the Sheet Metal Workers' craft does not have
system-wide exclusive rights to perform this work to the exclusion of all
others at all times. The Organization does not refute that position in the
record. It relies on the language of Rule 126 and the self-serving contention
that the job of renewing gaskets is now and always has been the work of the
Sheet Metal Workers at Clifton. Forge. The record does not contain any evidence to support that contention.
There are other arguments in the record, but the foregoing is sufficient for the Board to make the decision that the Organization failed its
burden of proof responsibility to establish that the Agreement had been
violated and we so decide.
A W A R D
Claim denied.
Form 1 Award No. 12425
Page 3 Docket No. 12401-T
92-2-91-2-207
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ,~"
Nancy J` r - Executive Secretary
Dated at Chicago, Illinois, this 16th day of September 1992.