' S.H.A. Ho. 570

( Case Ho. 358



              - Established Under'


                    Agreement of September 25, 19511


                  Chicago, Illinois - September 28, 1972


        PARTIES System Federation No. 22

        TO Railway Employes' Department, AFofL-CIO

        DIP=: (Sheet Metal Workers)


                            Va.


                  St. Louis-San Francisco Railway Company


        STATFt~,?fT 1. That the St. Louis-San Francisco Railway Compeay

        OF CLAIM: violated the Agreement of September 25, 1954 when -

        (a) They improperly contracted out the work of

        . manufacturing of air conditioning and heat

        ing ducts end installing same in office

        building at Enid, Oklahoma to the Western

        Sheet Metal Compares, Enid , 0:%lahoma on cr

        . about November 18, 1970, through December 1,

        1970, which was is violation of Article II

        of the Agreement.

        (b) They did not give the emple._·es any advance

        notice in violation of Article I Section 4

        and Article II Section 2 of the Agreement.

        (c) That accordingly, the St. Louis-San Francisco

        Railway CompwW be ordered to c=pensate the

        following Sheat Metal Water, Service men time

        and one-half for the same .:mount of hours paid

        for labor by the Western Sheet Metal. Compazzy

                        at Enid, Oylahcma: _

_ _ . S.B.A. No. 570 '
Award No. 312
- 2 - Case Ho. 368
Edwin Jones ' D. 0. Woods .

                      Heil Davis T. S. Watson.


                      Of the above named Claimants, T. S. Watson is a furloughed Water Service man from ' Oklehoma City, Oklahoma. - ,


        DISCUSSIOa At issue in this case is the alleged impropriety on '

          AND Carrier's tart in delegating to Glen 'Katson d/b/a

        FTfDIHGS: Western Sheet Metal Co., Fnid, Okla., the manufacture

        and installation of air conditioning and heating ducts .

        amounting to $2,872.00 (the same being, cue portion of the Job assigned

        to the outside ccntrcctor to furnish all materials, equipment and labor

        for a complete heating and air Conditioning system at an estimated price

        of $6,124.84) for use in the prefabricated metal office and wash-locker

        building to be constructed on Carrier's property at Enid, Okla. at a cost

        of approximately $66,500.00. -


        The principle that Carrier is not required by the Agreement of September 25, 1964, to break doaa the heating and air conditioning project into its cc=pcnent parts so as to permit the handling on the property by the Water Service fochanics and Helpers of the related duct work, has been laid down by this Board. Sao Awards Numbered 228, 295, 299 and 309, Special Board of Adjustment No. 570.


        Noticeably, three of the four claimants herein were regularly' assigned as full ti=e Water Service N.echanics throughout November and December, 1970, the period durin.3 which the heating and air conditioning contract was acccrplished. Tney did not suffer any ware los: as a doaaequence of the contracting cut, and under Article PI, Section 14 of the September 25, 1564 Agreement, they are precluded frca-obtaining a monetary award. See Awards numbered 8, 44, 53 and 309s Special Board of Adjustment No- 570,.


        .. The fourth claimant, T. S. Watson, although on furlough for the two months of November and December, 1970, has no basis for =plaint since, in the instant case, a violation of the September 25,

        1964 Agreement .is not proved. . . ..


' . AWAF81: Claim denib&. . , . . ' . '
                    - $.B.A. No. 570

                        Award No. 312

            3 - Case 11o. 368


                                                I


Adopted at Chicago, Illinois - September 23, 1972.

            Harold td. Gilden - Neutral Member


                                          .


                        ~7c~ - _. .-

e ,
Caz-rier Members Dnloye Mem ^r s