Chicago, Illinois - September 28, 1972


          PAFTI°S System Federation No. 91

          TO Railway Employes' Department, AFL-CIO

          DISPJTE: (Sheet Metal Workers)


                            VS.


                  Louisville and Nashville Railroad Company


          STATEM-ENT 1. That the Louisville and Nashville Railroad Comparq

          OS CCLUM: violated the Agreement of September 25, lN4 when -


                      (a) They improperly contracted out the work of maeufacturing ar_d installing hand rails to platfo-rms in Shop No. 1, Louisville. Kentucky to the Jaggers Equipment Company, Inc., 1903 Fern Valley Road, Louisville, Kentucky on or

. about N.arch 1, 1971 through April 5, 1911,
                      which was in violation of Article II of the

                      Agreement;


                      (b) They did not give Employes any advance notice, in violation of Article I Section 4 and Article II Section 2 of the Agreement;


                  2. That accordingly, the lnuisvillc and Un-shville Railroad

                  Company be ord^red to ecmpensste Sheet fatal Workers

                  F. J. Wolf and 54 others (as listed in A-,,)pcrdix F.) in

                  the same G nc:int that was paid for labor by the Louisville

                  and Ilcchvi 11e Itmilzoad Ccozparv to tk_e Jaggers Equipment

                  Conpon3- Inc., Louisville, Kentucky or two hundred aeven-ty

                  five (273) rcuro ;.t the pro rata rate of pay which =tar

                  is grcater.


i v
                                            s.B.A. No. 570 Award No. 314

                              - 2 - Case No. 370


          DISCUSSION In this case some 55 South Louisville Shop Sheet Metal

          AND Workers allege that Carrier violated the Agreement of

          FINDINGS: September 25, 1904 when it (1) contracted out to the

          Jagrers Equipment Co., Louisville, Kentucky, from about March 1 through April 15, 1971, the constructing of new work platforms for the South Louisville Shop, and (2) failed to give notice of intent to contract out.


          It appears from the record that the weight of the pipe (totalling 27053 pounds) used to fabricate the hand rails (the Sheet Metal Workers portion of the project) amounted to 2.4% of the 116,219 pounds of steel used in the platforms. Also borne out by the record is the fact that the 36 hours or so reported by the Contractor to have been absorbed in manufacturing the hand railing for the platform sections and stairways constituted about 2.1a of the 1635 hours required to process the work platforms.


          On the basis of these salient factors, it suffices to say that Carrier was not obligated by the Agreement oz September 25, 1954 to "piecemeal", from the job contracted out as a whole, the relatively small amount of Sheet Metal work exclusively reserved to that craft by the classification of work rules in the governing 1&Z Shop Crafts labor contract. See Awards 228, 295, 299, 309 and 368, SBA 570.


          Moreover by the terms of Article II, Section 14, the circumstance that all of the 55 claimants herein were fully employed on their regular assignments and suffered no loss of pay thro·,tghout the interval required for the completion of the purchase order, serves to bar any monetary recovery herein.


                    It should be noted, however, that although by ccmparison

' with the total job, the sheet metal portion thereof appears to be
 relatively meager, the fact remains that Csrrier in defending against
 this claim relied, to some extent at least, on criteria set fo:^th i.n
 Article II. This is suficient in itself to support the finninz; ;h.:t
 advance notice of incest to contract out sh^u1.d have been divan to the
 Sheet Metal Wor::er's General Chai=n. Carrier's failure :~c to do
 must be held to be in violation o: Article II, Section 2.
 i
 I

          AWARD: Claim denied.

S.B.A. No. 570 Award No. 314 Case No. 370
Adopted a£-'Ch3.cago, Illinois -,,)September 28, 1972.
' .old hi. Gilded ~ Neutral Member
'e, e 61,,z, -

 1"a. C o
 Carrier t·Se=bers
Empl!:ye Members