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Docket No. 3913
NATIONAL RAILROAD ADJUSTMENT BOARD
The Second Division consisted of the regular members and in
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 13, RAILWAY EMPLOYES'
WABASH RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
(1) That the Carrier violated the current agreement when it assigned other than the Machinist Craft to welding flat spots on tires of Diesel Locomotive No. 1014 at Missouri City, Missouri, on January 7, 1960.
(2) That the Carrier be ordered to compensate Machinist V. T. Ware in the amount of thirteen (13) hours at overtime rate for work for which he was available but not permitted to perform on January 7, 1960.
EMPLOYES' STATEMENT OF FACTS: On January 7, 1960, it was necessary for the Wabash Railroad Company, hereafter referred to as the carrier, to send two machinists from North Kansas City, Missouri, Roundhouse to Missouri City, Missouri, for emergency repairs to passenger diesel locomotive No. 1014. While working the locomotive it was discovered that all tires had flat spots. The two machinists were not qualified welders to perform this type of welding and a boilermaker from Moberly, Missouri, was called to perform the welding which required thirteen hours to complete. The carrier claims it used the boilermaker for the welding because the assigned machinist welder was on vacation.
However, Machinist V. T. Ware, hereafter referred to as the claimant, is an experienced welder and was qualified, available and willing to perform the work.
V. T. Ware is employed as a machinist at the carrier's Diesel Shop at Moberly, Missouri, with a seniority date of July 5, 1956. Prior to this date he was employed as a boilermaker at the carrier's Decatur Roundhouse and Moberly Shop. He was furloughed at Moberly the early part of 1956 and because of the need for more machinist welders at Moberly and his ability, it was agreed by the carrier and machinist organization, to employ him as a machin
ist with seniority date of July 5, 1956. The claimant was employed as such at the time of this dispute and was therefore available to perform the work which is recognized as machinist work.
This claim has been handled up to and including the highest designated official of the carrier.
The agreement, effective June 1, 1939, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is respectfully submitted that the carrier's action in assigning other than machinist to weld flat spots on tires of diesel locomotive No. 1014 at Missouri City on January 7, 1960, was contrary to the terms of the controlling agreement.
Rule 55 (a), Machinists' Classification of Work Rule, reads as follows:
“Machinists' work shall consist of laying out, fitting, adjusting, shaping, boring, slotting, milling and grinding of metals used in building, assembling, maintaining, dismantling and installing locomotives and engines (operated by steam or other power), pumps, cranes, hoists, elevators, pneumatic and hydraulic tools and machinery, scale building, shafting and other shop machinery, ratchet and other skilled drilling and reaming; tool and die making, tool grinding and machine grinding, axle truing, axle, wheel and tire turning and boring; engine inspecting; air equipment, lubricator and injector work; removing, replacing, grinding, bolting and breaking of all joints on superheaters; oxyacetylene, thermit and electric welding on work generally recognized as machinists' work; the operation of all machines used in such work, including drill presses and bolt threaders using a facing, boring or turning head or milling apparatus; and all other work generally recognized as machinists' work.” (Emphasis ours.)
Rule 29 (a) reads in pertinent part:
"In compliance with the special rules included in this agreement, none but mechanics and their apprentices in their respective crafts shall operate oxyacetylene, thermit, or electric welders. Where oxyacety ne or other welding processes are used, each craft shall perform the work which was generally recognized as work belonging to that craft prior to the introduction of such processes."
Rule 28 reads in pertinent part:
“Except as otherwise provided by the rules of this agreement, none but mechanics or apprentices regularly employed as such shall do mechanic's work as per special rules of each craft."
Applying the clear and specific provisions of the foregoing rules to the facts hereinbefore stated, it is readily apparent that the work of welding flat spots on locomotive tires is contractually machinists' work and subject to be assigned to machinists.
The employes further submit that there was a machinist welder qualified to perform the welding on diesel locomotive No. 1014 on January 7, 1960. Machinist Ware is employed at the same point as the boilermaker who was called to perform the work.
There would have been no loss of time nor added expense to have called the machinist, the craft to which the work belongs. Because there were two machinists on the job that the carrier did not care to use on welding, did not give the carrier the right to assign machinist work to another craft. In fact, the machinist organization and the carrier agreed to hire the claimant as a machinist to take care of a situation such as this.
In view of the foregoing facts and position, it is evident that the claimant should have been called to perform the work in question and your Honorable: Board is requested to so find by sustaining the employes' statement of claim: in its entirety.
CARRIER'S STATEMENT OF FACTS:
1. Missouri City, Missouri, is located about one-hundred nine (109) miles west of Moberly, Missouri, and about twenty-three (23) miles east of Kansas City, Missouri.
2. Between the hours of 1:00 A. M. and 2:00 A. M., Thursday, January 7, 1960, Train No. 18 was delayed at Missouri City, Missouri, due to trouble involving diesel unit No. 1014. Diesel unit No. 1014 was set out, train No. 18 proceeded with a single unit, diesel unit No. 1009.
3. At approximately 2:00 A.M., January 7, 1960, Mr. C. Hooten and Mr. J. McNally, regularly assigned machinists at North Kansas City, Missouri Roundhouse, were sent to Missouri City, Missouri, to inspect and repair diesel unit No. 1014. It was discovered upon inspection that the number three (No. 3) traction motor armature bearing had failed, thus preventing that pair of wheels from turning and causing slid flat spots on the treads of the wheels.
4. On the date in question, Machinists C. Hooten and J. McNally performed the work of cutting off, by means of cutting torch, the number three (No. 3) traction motor pinion gear which was necessary in order to free that pair of wheels and allow them to turn. Neither machinist was qualified to weld flat spots on the wheels.
5. On the date in question, there were no welders assigned in any of the crafts, employed at the North Kansas City, Missouri Roundhouse.
6. Master Mechanic C. J. Graham at Moberly, Missouri, was notified at approximately 3:00 A. M., January 7, 1960, regarding the trouble that had been experienced with diesel unit No. 1014 at Missouri City, Missouri. Master Mechanic Graham called Boilermaker Welder C. Haynes to perform the emergency road work of welding the slid flat spots on the treads of wheels on diesel unit No. 1014. Boilermaker C. Haynes reported at Moberly, Missouri, at 6:00 A. M., traveled to Missouri City, performed the required welding and returned to Moberly, Missouri, where he went off duty at 7:40 P. M., on Thursday, January 7, 1960.
7. C. Haynes was, on the date in question, regularly assigned to work as boilermaker and welder in the Moberly, Missouri Roundhouse, 8:00 A. M. to 4:00 P. M., Monday through Friday, with Saturday and Sunday being assigned rest days, rate $2.638 per hour (welder's rate).
8. V. T. Ware, the claimant in this case, was on the date in question, regularly assigned to work as machinist in the Moberly, Missouri Roundhouse, 12:00 Midnight to 8:00 A. M., Wednesday through Sunday, with Monday and Tuesday being assigned rest days, rate $2.578 per hour (regular machinists' rate).
Machinist Ware went on duty at 12:00 Midnight, January 6, 1960, and went off duty at 8:00 A. M., January 7, 1960, for which he has been paid eight (8) hours at the machinists' rate stated above.
9. A claim was presented by the committee on behalf of V. T. Ware for thirteen (13) hours at time and one-half rate and the claim was taken to the foreman and master mechanic each in their order and each of those officers declined the claim.
10. Pursuant to request of General Chairman Carl L. Anderson as expressed in his letter to Mr. B. J. Payne, General Superintendent Motive Power, under date of February 22, 1960, reading:
“February 22, 1960
Mr. B.J. Payne
On January 7, 1960, Boilermaker C. Haynes, Moberly, was sent to Missouri City for welding and burning on Diesel No. 1014.
This is recognized as machinist work and qualified machinist welders were available at Moberly to perform the work of weld flat spots on wheels.
I am requesting that Machinist V. T. Ware be compensated in the amount of thirteen (13) hours at overtime rate for work for which he was available but not used, on January 7, 1960.
Will you please set a time and date for conference on this claim.
/s/ Carl L. Anderson
Carl L. Anderson
a conference was arranged and held Monday, April 4, 1960. Following a discussion of the case, Mr. B. J. Payne, who is the highest officer designated by the carrier to handle such disputes, declined the claim. Mr. Payne's decision was made on April 4, 1960, and was confirmed in a letter to Mr. Anderson dated April 8, 1960, as follows: