Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12770
Docket No. 12600
94-2-92-2-145
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Chicago and North Western Transportation
( Company
STATEMENT OF CLAIM:
"1. The Carrier violated the provisions of the
current and the controlling agreement, and in
particular Rule 29, 53, 102 and 103 of said
agreement, when beginning on July 5th, 1991,
it improperly began assigning Carmen the Sheet
Metal Workers' duties of disconnecting,
modifying, cutting, threading and connecting
the air pipes on the passenger coaches at the
Carrier's California Avenue facility.
2. That accordingly, the Carrier be directed to
compensate Sheet Metal Workers D. Barry, C.
Justice, C. Triplett, J. Maroney, J. Natera,
J. Muniz, T. Thompson, M. Fryza, R. Klinge, R.
Campbell, W. Singleton, R. LeCroy, K.
Sourwine, R. Wilson, L. Kincade, J. Jenkover,
and J. Mojica in the amount of 804 hours pay,
equally divided among them, for the above
listed violations. Inasmuch as this is a
continuing time claim we are further
requesting that the Claimants be compensated
at the pro rata rate for the number of hours
that this violation occurred after the initial
804 hours."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee within the
meaning of the Railway Labor Act as approved June 21, 1934.
Form 1 Award No. 12770
Page 2 Docket No. 12600
94-2-92-2-145
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
The Sheet Metal Workers Union has argued that its Agreement
was violated when Carrier used Carmen to effect modifications to
the air brake system on a number of commuter cars at its California
Avenue shop. The work involved consisted of unscrewing an air
brake truck hose from a "T" attached to an assembly, and then
unscrewing the assembly from the cutout cock. Once the assembly
was removed, a slightly longer assembly was screwed onto the cutout
cock and the truck hose was reattached. Only one modification was
made to each car, using two Carmen, taking approximately 45 minutes
per car. There was no cutting or threading involved, the
replacement was pre-assembled.
Carrier maintains that it assigned the work to Carmen, rather
than Sheet Metal Workers because the work that was done was work on
an air brake system on a passenger car and item (5) of the Carmen's
Scope Rule contemplates that all air brake work on passenger cars
belongs to Carmen.
To prevail in this matter the Sheet Metal Workers Union must
demonstrate that it has an exclusive entitlement to the work
complained of. This has not been done in this record.
Accordingly, the Claim will be dismissed.
AWARD
Claim dismissed.
O R D 8 R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant (s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 17th day of November 1994.