Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26997
THIRD DIVISION Docket No. MW-26547
88-3-85-3-288
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard System RaiIroad
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Car Department forces instead of Bridge
and remodeling work at the Amtrak Shops at St. Petersburg, Florida February 14
through March 29, 1983 [System File C-4(36)-CLR/HGD/MWR:12-1 (83-129) G2].
(2) As a consequence of the aforesaid violation, Carpenters C. L.
Roberts and H. G. Davis, Carpenter Helper M. W. Rauh and Plumber T. L. Cain
shall each be allowed pay at their respective straight time rates for an equal
proportionate share of the one hundred thirty (130) man hours expended by Car
Department forces in performing the work referred to in Part (1) hereof."
FINDINGS:
The Third 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 employes 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 Parties in Interest, the Brotherhood Railway Carmen of the
United States and Canada, the Sheet Metal Workers International Association,
and the International Brotherhood of Electrical Workers were advised of the
pendency of this case. The Sheet Metal Workers and the Electrical Workers
filed submissions with the Division.
Form 1 Award No. 26997
Page 2 Docket No. MW-26547
88-3-85-3-288
Claimants are employed in the B&B Department at the Carrier's St.
Petersburg, Florida, Amtrak Shops. During the period February 14, 1983,
through March 29, 1983, Carmen performed repairs and remodeling of a bathroom
in the General Foreman's office which involved painting, building and installing a vanity, replacing
in the employees' lunchroom and bathroom which also included the lowering of a
ceiling; painting doors in a chemical storage room and pouring concrete slabs.
The Organization asserts that the work in question has been traditionally and
historically performed by employees under its Agreement holding seniority in
the
B&B
Department, particularly those employees in the carpenter and plumber
classifications.
The Carrier asserts that the work at issue has been performed historically by Mechanical Departm
as
B&B
Department work. The Carrier acknowledges that there have been
occasions when employees of the class of which Claimants belong have been used
to perform work of the nature involved in this case. However, the Carrier
maintains that employees covered by Agreements with the Carmen, Sheet Metal
Workers and Electricians have historically performed the work at issue. In
support of that assertion, the Carrier points to letters from employees of the
shops and supervision attesting to the fact that in the past Mechanical Department employees have pe
The Carmen have declined to intervene in this particular case. The
Electrical Workers contend that its Agreement protects its right to perform
Electricians' work at all points and in all departments where such work is
performed on the Carrier's property. The Sheet Metal Workers
request that
we
deny the portion of the Claim relating to cabinets and plumbing.
Similar disputes between the parties concerning the assignment of the
type of work at issue have been before this Board and we have denied those
claims due to the general nature of the Scope Rule and the showing made by the
Carrier that Mechanical Department employes have also performed the work. See
Third Division Awards 26209, 26208, 24028, 23852 and Awards cited therein.
See also Second Division Award 6961. For the reasons set forth in those
Awards the instant Claim must also be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of Third Division
Attest:~
Nancy J. e~ - Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.