NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25403
M. David Vaughn, Referee
(Brotherhood of Maintenance of Way Onployes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Boilermakers
instead of B&B forces to weld five (5) air hose reel holders to stationary
floor cranes at the Huntington Shops on June 17, 1982 (System File C-TC-1386/MG35991.
(2) Because of the aforesaid violation Messrs. G. Gosnay, C. Stratton,
I. Wiley, S. Byrd, M. Dial, C. Conley, H. Clay, L. Spry, Jr., C. Lambert, H. D.
Lean, D. L. Lean and C. Rakes shall each be allowed pay at their respective
rates for an equal proportionate share of the sixteen (16) man-hours expended
by Boilermakers in performing the cork referred to in Part (1) hereof.
OPINION OF BOARD: The Organization, on behalf of twelve (12) named Claimants,
makes a claim for pay for time because work assertedly within
the scope of jurisdiction of the Bridge and Building Craft was performed by
Boilermakers in Carrier's employ.
On June 17, 1982, the Carrier assigned two (2) Boilermakers to install
five (5) air hose reel holders to stationary floor crane masts permanently
anchored to the concrete floor of the Huntington Locomotive Shop at Huntington,
West Virginia. The work was completed in approximatley one and one-half hours.
The holders were welded in place on the masts.
The Organization filed a claim for the work, which the Carrier declined
initially and on appeal. The claim was then brought before this Board.
The organization asserts that the Carrier's action violated the Scope
provisions of the Agreement between them. Rule 66 of the Agreement states in
part:
"(al ***Classification of employees and classification of work, as
has been established in the past, is recognized.
x~*
(c) In carrying out the principles of Paragraph (a), bridge and structures
forces will perform the work to which they are entitled under the
rules of this agreement in connection with the construction,
maintenance, and/or removal of ...buildings or structures, except
where such cork is performed by other employees under other agreements
in accordance with the rules of such agreements or past practice in
the allocation of such work between the different crafts, including
work performed by shopmen in connection with the
maintenance of
shops... an(
shop work ...in coonnection with
maintenance of
... structures...
Award Number 25488 page 2
Docket Number W-25403
(g) welding on steel ...structures in connection with work belonging
to the bridge and structures group will be done by carpenters, being
paid the differential provided by Rule 65."
The organization asserts that the Scope provisions of the Agreement identify
the work in question and exclusively reserve the work to the B&B Craft.
Specifically, the Organization asserts that a crane mast permanently anchored
fn a concrete floor is part of a ·structure' and that welding on any part of a
structure, as was done with the installation of the reel holders, is within the
jurisdiction of Carpenters, a part of the B&B group. It argues that the
Carrier did not demonstrate that such work had historically been performed by
other Crafts so as to justify assigning the work of any Craft other than B&B
Employees.
The Carrier asserts that Rule 66 (c) must, by its terms, be read
together with Rule 79 of the Shop Crafts Agreement, which defines the Scope of
work for the Boilermakers. That Rule assigns to Boilermakers
ffAll...
work
generally recognized as Boilermakers' work. · The Carrier asserts that both
Scope Rules are general and, under Boazd precedent, require pzoof that the
Craft asserting jurisdiction historically has had exclusive right to the work
on a system-wide basis, pzoof which-the Carrier asserts was not submitted by
the Organization in the instant claim. The Carrier submits, in support of its
position that the work has not historically been performed exclusively by the
B&B Group, documentation that other Crafts have also performed the same or
substantially similar work.
Under applicable Board rules, the Boilermakers were notified of the
Organizations claim of entitlement to work performed by them. The Boilermakers
submitted an Intervening Statement. That Statement asserts that the disputed
work belongs to them. The Statement is accompanied by documentary evidence
that the Boilermaker Craft has historicaly performed the same and similar work
and by other documentation that the Machinists have performed some substantially
similar work and have also claimed such work. The documentation is in the form
of statements from present and former Boilermakers and corespondence between
the Carrier and the Boilermakers regarding work like that in dispute, all of
which indicate that the Boilermakers have in the past performed such work.
The Board concludes that the Scope Rule in the Agreement between the
Organization and the Carrier, while describing in some detail work belonging to
the Organization, also provides a specific exception from a Rule for work which
has by past practice been allocated to other crafts, specifically including
Shop Crafts. The documentation provided in the submissions of the Carrier and
the Boilermakers demonstrate with reasonable clarity that like and similar work
to that here in dispute has been performed in the past by Boilermakers and,
possibly, by other Crafts. The documentation is not effectively rebutted by
the Organization, nor does the organization affirmatively demonstrate the
exclusivity of the work which would be required in order to sustain its claim.
Accordingly, the Board must, and it hereby does, deny the claim.
Award Number 25488 Page 3
Locket Number MW-25403
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Onployes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 11, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of May 1985.