Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION Award No. 12485
Docket No. 12124-T
92-2-90-2-259
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division TCU
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
1. That the Southern Railway Company violated the terms, conditions and provisions of the controlling Agreement on July 20 and 21, 1989
at Hayne Car Shop, Spartanburg, South Carolina. Specifically, they violated
Rule 132 (Classification of Work Rule) when they assigned a machinist to
perform Carmen Painters' work by preparing the surface and priming with paint
the winch drum, motor mounts and limit switch brackets for the car pulled on
the rabbit track.
2. That accordingly, the Southern Railway Company now be ordered
to provide relief in the amount of three (3) hours pay at the pro rate rate
for July 20 and 21, 1989 for furloughed Painter R. W. Spake, Spartanburg,
South Carolina.
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 Submission with the Division.
On July 20, 1989, Carrier assigned members of the Machinist craft
the work of overhauling the car pulley system winch assembly at its Spartanburg, South Carolina,centralized heavy repair shop. The Cayman's Organization filed the instance claim contending that work connected with preparation,
Form 1 Award No. 12485
Page 2 Docket No. 12124-T
92-2-90-2-259
priming and painting of associated components of the winch assembly was
work which was required to be completed by Carmen Painters. Carrier defends
against the claim on a variety of grounds, but mainly on the basis that a
jurisdictional work issue is involved which must be addressed by the procedures of the November 23, 1946 Memorandum of Understanding, which was not
done.
This Board has issued many awards on this property, involving all
of its Shop Craft Organizations, which have concluded that we are precluded
from considering competing claims covered by the 1946 Disposition of Jurisdictional Disputes Memorandum of Understanding. The instant claim is manifestly one which falls within the scope of that Memorandum of Understanding.
Accordingly, we are unable to accept jurisdiction. See Second Division Award
12086, 7198, 7147 and 6809.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy Jvi5~ r - Executive Secretary
Dated at Chicago, Illinois, this 18th day of November 1992.