NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25519
Stanley L. Aiges, Referee
(Brotherhood of Maintenance of Way Employes
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 Shop Craft
employes instead of Bridge and Structures employes to perform welding work in
connection with attaching angle iron supports to the top of the tool cage at
the Huntington Repair Shop on September 27, 1982 (System File C-TC-1953/MG3696).
(2) Because of the aforesaid violation, B&B Mechanics X. D. Brown,
D. E. Scarberry, W. P. Steele, R. E. Adkins, C. Perry, H. B. Hunter, C. R.
Stratton, 1. Wiley, H. Caly, W. Smith and C. Hanshaw shall each be allowed
pay at their respective rates for an equal proportionate share of the two (2)
man-hours expended by Shop Craft employes performing the work referred to in
Part (1) hereof.
OPINION OF BOARD: The 11 named Claimants here are ,^embers of the Carrier's
Bridge and Structures Forces. They assert the welding of
prefabricated angle iron supports to the top of the tool cage at the Huntington,
West Virginia Repair Shop on September 27, 1982, was improperly assigned to
two Boilermakers emploced by the Carrier.
The Organization asserts the disputed assignment violated Rule 66
of the Agreement. The Carrier disagrees. It contends that Boilermakers and
other Shop Craft Employes frequently attach racks, reels, brackets and the
like to various structures in the Huntington Shop. Such work, it insists,
has never been considered exclusively reserved to the Claimants. it points,
in support, to Rule 79 of the C & 0 Shop Crafts Agreement.
Under applicable Board rules, the International Brotherhood of
Boilermakers-Blacksmiths were notified of the organization's claim of entitlement to the disputed wo
Rules Agreement covering Boilermaker Craft Employes. It cites, as did the
Carrier, Rule 79. It also asserts a strong past practice supports its right
to the disputed work.
Rule 66, while describing the Scope of the work within the Organization's jurisdiction, conta
·...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'.
Award Number 25578 Page 2
Locket Number MW-25514
Rule 79 of the Boilermakers' Agreement specifies that:
"Boilermakers' work shall consist of
...
x e r
"Boilermakers' work in
connection with
I-beam, channel iron, angle
iron and T-iron work...
i ~ x
"Oxy-acetylene, thermit and electric welding on work generally
recognized as boilermakers' work.'
On balance, we are obliged to find that the welding of angle iron
supports to structures at the Huntington Repair Shop falls within the
exception contained in Rule 66. Such work seems clearly to fall within the
purview of Rule 79 of the Boilermakers' Agreement.
The Organization, in our judgment, has failed to meet its burden of
proof in this case. it has not convincingly established the Claimant's right
to the disputed work either under Rule 66 or an exclisive practice. Accordingly, the claim must be d
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 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_S6kR9
By Order of Third Divisi,r,.
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ATTEST:
_ . _ j
Nancy J. er - Executive Secretary
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Dated at Chicago, Illinois, this 22nd day of August 1985.
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