Form 1 SECOND DIVISION Award No. 12555


      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:
                  (Norfolk Southern Railway Company


STATEMENT OF CLAIM:

              "1. That the Southern Railroad Company violated the controlling agreement when work belonging to the Carmen's Craft (painters) was improperly assigned to employes of the Machinist Craft at John Sevier Train yard, Knoxville, Tennessee on April 30, May 4, and June 6, 1990.


              2. That accordingly, the Southern Railroad Company be ordered to compensate Painter J. H. Strange two (2) hours pay for each of the incidents at the rate of time and one-half. Also, that the Painter position at John Sevier be readvertised and the Company stop assigning the work of the Painters' to other crafts."


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 employe 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 Board.


The claim in this Docket involves three instances where a Machinist performed work at Knoxville, Tennessee, which the Carmen's Organization claims its Painters' work reserved to members

Form 1 Award No. 12555
 Page 2 Docket No. 12363-T rr
 93-2-91-2-176.
 of its Craft. The first instance occurred on April 30, 1990, when
 a Machinist was making minor repairs to the doors and window of a
 highway vehicle. In the process of performing this work the paint
 was damaged and the machinist performed some minor touching-up.
 The time devoted to touch-up painting took less than an hour. The
 second occurred on May 4, 1990, when a Machinist fabricated
 handrails for a new highway truck about to be placed in service.
 When the fabrication was completed the handrails were painted.
 Also, a Norfolk Southern logo decal was applied to the doors of the
 vehicle. These task took less than an hour. The last instance
 occurred on June 6, 1990, when a machinist applied paint to a rear
 grab iron on a locomotive he was inspecting for FRA defects. This
 task took less than 30 minutes.
 Carrier maintains that it is permissible to have Machinists
 perform these minimal painting tasks as a part of their regular
 duties. Additionally, the Machinists' Organization has intervened
 as a Third Party in this matter and its response contends that
 members of its Craft have the right to perform minor touch-up
 painting and apply decals and logos as incidental activity when the
 painting and logo application is an integral part of the repair

 work being completed.
 The Carmen's Organization has not demonstrated that its

 Agreement reserves the work involved in the three claims before
 this Board exclusively to members of its Craft. Instead, the
 evidence is conclusive, Machinists have in the past performed minor
 painting touch-up and logo application at various locations
 throughout Carrier's system. This work, being incidental to the
 primary task being completed by the Machinist, is not reserved
 exclusively to Carmen. Accordingly, the Board concludes that the
 Claim is without merit. It will be denied.
 A W A R D

      Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division


Attest, · ~~f

 - Secretary to the Board

 Dated at Chicago, Illinois, this 28th day of July 1993. _-