NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12663
Docket No. 12505-T
94-2-92-2-26
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:
(CSX Transportation, Inc. (former Chesapeake:
(& Ohio Railway Company)
STATEMENT OF CLAIM:
"1. That the Chesapeake & Ohio Railroad Company
(CSX Transportation, Inc.), hereinafter
referred to as 'carrier', violated the
controlling Shop Crafts Agreement,
specifically Rules 11, 126, and 154, by
instructing and/or allowing members of the
Sheet Metal Craft to perform Carmen's work on
December 3, 1989, when members of the craft
were available, willing and qualified to
perform that work.
2. That accordingly, the Carrier be ordered to additionally compensate Carmen W. 0. Michelson, J.
Green, A. Messer, and L. Justice in the amount of
eight (8) hours at the applicable time and one-half
rate for said violation."
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 Sheet Metal Workers' International Association was advised of the pendency of this dispute and
filed a Submission with the Board.
Form 1 Award No. 12663
Page 2 Docket No. 12505-T
94-2-92-2-26
At Carrier's Raceland Car Shops a dispute developed between
Carmen and Sheet Metal Workers concerning repair work on removable
hoods on coil steel cars. In a bulletin posted on April 16, 1984,
the General Plant Manager noted that the dispute existed, and after
discussion and review, promulgated guidelines on the assignment of
work to the two Crafts. On December 3, 1989, four Sheet Metal
Workers performed various tasks of welding and repairing hoods on
several cars. The Carman's organization filed claim contending
that these tasks were not within Sheet Metal Classification of Work
Rule 126, but instead was work covered by Rule 154 of its
Agreement. Carrier defends against payment of the Claim on a
variety of grounds, but mainly that the Board lacks jurisdiction
because the organization failed to follow the procedure for
handling work jurisdictional disputes, as established on this
property.
Carrier is correct. Supplement No. 6 of the Shop Crafts'
Agreement requires that "in the event of a jurisdictional dispute
between crafts, that this dispute must be taken up between the
crafts involved before such dispute is handled with Management."
There is no showing in this record that Supplement No. 6 was
complied with. Accordingly, the claim must be dismissed. See
Second Division Awards 12482, 12304, 12232, 11657, 11656, 11473 and
7296 for similar results.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Catherine Loughrin - Interim Secretary to the Board
Dated at Chicago, Illinois, this 16th day of February 1994.