r
' Award No.
521
Case No.
591
SPECIAL BOARD OF ADJUSTMENT N0. 570
ESTABLISHED UNDER
AGREEMENT OF SEPTEMBER
25, 1964
PARTIES Sheet Metal Workers'
T_0 International Association
DISPUTE: A. F. L. - C. I. 0.
and
Louisville and Nashville
Railroad Company
STATEMB;Nr 1. That the Louisville and Nashville Railroad Company violated the
_OF Agreement of September
25, 1964
when -
CLAIM: (a) They improperly contracted out the alterations and additions
to General Office Building of tin work, duct work and air
conditioning work Louisville and Nashvile Railroad Company,
908
West Broadway, Louisville, Kentucky on or about October
and November
1978,
which was in violation of Article I,
Section
2
and Article II, Sections 1 and 2 of the September
' 25, 1964
Agreement.
2. That accordingly, the Louisville and Nashville Railroad Company
be ordered to compensate all Sheet Metal Workers on overtime board the same amount
paid to contractor for all sheet metal work and air conditioning work performed.
FINDINGS: Carrier engaged in extensive renovation of its General Office Building
in Louisville, Kentucky, to handle Carrier personnel who were forced
to move from Union Station in Louisville because that building had been sold to the
Transit Authority of River City. It contracted with a private contractor to complete
the alterations and additions to the General Office Building that were required to
accommodate staff who had moved and the CTC machinery.
Carrier notified the General Chairman of the intent to subcontract the
construction work on November
28,
1977. In this letter, Carrier indicated that only
a small portion of the total job was Sheetmetal work and that even so, Carrier did
not have sufficient men to complete the job in time for occupancy by the staff and
the machinery forced to move from Union Station.
The General Chairman took the position that his people should do the work
and that it should not be contracted out. No agreement was reached in conference
and the work was contracted out. The work was completed in August
19<8.
Petitioner
filed a claim alleging violation of Article II, Section 1, of the September
25, 1964,
Agreement, and requested that the same amount of money be paid to Sheetmetal Workers
as was paid to the contractor's people who did sheetmetal work. This money was to
be divided equally among all Sheetmetal Workers on the overtime board.
r
S3~ J~o
Award
No. 521
Case
No. 591
_ 2 _
Carrier denied this claim as untimely, excessive, and not meritorious.
The Board has reviewed the record of this case and will not dismiss
this claim as untimely filed. As has been noted in many awards of this Board,
there are no specified time limits within which a claim must be filed. Petitioner has not delayed an unreasonable length of time in filing the instant
claim and we will review it on the merits.
Carrier engaged in a large renovation project in the General Office
Building in Louisville. Petitioner work was only a small part of the total
contract. On numerous occasions, this Board has upheld Carrier's right to subcontract craft work when it is a small part of a larger project. Carrier is not
obligated to piece-meal the project in order to utilize Petitioner's members.
We have so stated in many awards (see, for example, Award
No. 488
and awards
cited therein).
After consideration of the dispute identified above, the Board hereby
orders that an award favorable to Petitioner should not be made. The claim is
disposed of as set forth in the foregoing findings.
A W A R D
Claim denied.
Adopted at Chicago, Illinois -
~' Neutral Member
Carrier,Membe
r
00