Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27813
THIRD DIVISION Docket No. CL-28066
89-3-87-3-870
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10223) that:
(1) Carrier violated, and continues to violate, the provisions of
the Agreement in effect between the parties, when, beginning on date of
January 16, 1985, and continuing, it causes and permits employes not covered
thereby to perform work of the physical unloading of rail cars containing
newly assembled locomotive wheels and axles at the Diesel Shop in Cumberland,
Maryland, and
(2) Carrier shall now, as a result, be required to compensate each
employe named, as indicated, eight (8) hours' pay at the pro rata rate for
each date listed and continuing as follows:
0. W. Myers, Foreman, South Cumberland, Md. Storeroom for dates of:
January 16, 21, 22, 23, 25, 30, 31; February 6, 8, 11, 12, 15, 18, 20, 22, 26;
March 1, 13, 29; April 1, 3, 5, 9, 10, 15, 16, 18, 23, 26, 29, 30; June 25,
26, 27; July 2, 19, 24, 25, 26, 29, 31; August 2, 6, 1985, and each subsequent
work date, Monday through Friday of each week on which such violation is permitted, such dates being
and the work listed herein is properly assigned to the Clerical craft.
J. A. Turano, Storehelper, Cumberland, Maryland Storeroom for dates
of January 16, 21, 22, 23, 25, 30, 31; February 6, 8, 11, 12, 15, 18, 20, 22,
26; March 1, 13, 29; April 1, 3, 5, 9, 10, 15, 16, 18, 23, 26, 29, 30; June
25, 26, 27; July 2, 19, 24, 25, 26, 29, 31; August 2, 6, 1985, and each subsequent work date, Monday
is permitted, such dates being a matter of record, until this dispute is resolved and the work liste
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.
Form 1 Award
No. 27813
Page
2
Docket
No. CL-28066
89-3-87-3-870
Parties to said dispute waived right of appearance at hearing thereon.
There is no dispute that on May 14,
1984,
the Cumberland Wheel Shop
was eliminated. Prior thereto, wheels and axles were separately shipped by
manufacturers directly to the Storeroom where Clerical employees unloaded and
handled the parts. When the parts were needed they were moved around six
hundred yards to the diesel shop where they were unloaded by Shop Craft employ
ees for assembly.
After May
14, 1984,
the wheels and axles came to the Stores Department at Cumberland fully assembled. Employees of t
as groundmen in the unloading of these parts. The instant Claim was initiated
by the organization alleging that the Carrier had from May 11,
1984,
until
January
16, 1985,
assigned clerical employees to unload the assembled diesel
wheels. The Organization alleges Carrier violation of the Scope of the Agreement when it reassigned
The Carrier denies any change in operations, reassignment of work, or
violation of the Agreement. The Carrier argues that on January
16, 1985,
the
wheels were no longer sent to the Cumberland Stores Department, but directly
to the Diesel Shop for unloading. Unloading in the Diesel Shop had always
been done by Shop personnel. Exceptions to such practice were protested by
the Shop Craft employees. As Shop Craft employees had always acted as groundmen for unloading done i
not violative of the Agreement.
As Third Party in Interest, the Machinists Filed a Submission. The
Machinists argued that the disputed work was historically and exclusively
theirs to perform. In support they provided signed statements from their
Craft attesting to the fact that they have for numerous years loaded and unloaded wheels at Cumberla
After a thorough study of the record and Awards submitted by the
parties, we fail to find sufficient probative evidence to support the asserted
violation. A careful review of SBA
No. 192
Award No.
91
and Third Division
Award
19320
does not find them on point, particularly because the contested
work is not incident to the Machinists, but exclusively theirs. The record
herein supports that unloading of wheels at the Diesel Shop is Machinist's
work by custom, practice and assignment.
The Board understands the Clerks concerns for the loss of work performed for over eight months.
Department for movement
600
yards to the Diesel Shop, the materials are directly sent to the Diesel Shop. The delivery of th
Diesel Shop wherein wheels have always been removed by Machinists is not
violating any provision of the Agreement. The unloading of wheels was not
reassigned; the location of delivery was changed. Unloading of wheels had
been done by both crafts, but at the Diesel Shop it was Machinist's work.
This Board must therefore deny the Claim (Public Law Board
No. 2668,
Award
No.
65,
Case
No. 40).
Form 1 Award No. 27813
Page 3 Docket No. CL-28066
89-3-87-3-870
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1989.