The Second Division consisted of the regular members and in
addition Referee Charles W. Anrod when the award was rendered.
SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES"
DEPARTMENT, A. F. of L.-C. I. O. (Boilermakers)
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY-WESTERN LINES
EMPLOYES' STATEMENT OF FACTS: At Albuquerque, New Mexico, the Atchison, Topeka & Santa Fe Railway maintains a force of boilermakers and helpers in their Diesel Locomotive repair Shops, and Centralize Work Equipment Shop, who hold seniority at that point in accordance with the Rules Agreement. The Atchison, Topeka and Santa Fe Railway will hereinafter be referred to as the carrier.
On or about April 2, 1958, and thereafter the carrier elected to add to their Diesel Locomotive Repair Shop an additional scaffold between two. parallel repair tracks, at Albuquerque Shops. The scaffold is about 30 feet in length x 99 inches in width, and is about five feet in height from Shop
Without prejudice to, or receding from its position as previously statedherein, that the claim of the employes in the instant dispute should be either dismissed or denied, the carrier further asserts that the requested additional' payment of two hundred forty (240) hours to the two claimants in this: dispute, is excessive. Actually only a total of one hundred sixty (160) hours was devoted by two Shop Extensions Department mechanics to the reconstruction and installation of the diesel repair platform involved in. this dispute.
Carrier reserves the right to submit such additional facts and evidence as it may conclude are necessary in reply to the ex parte submission of the employes or any subsequent oral arguments or briefs of the employes in this dispute.
FINDINGS: The Second 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 employe within the meaning of the Railway Labor Act as approved June ~11, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The instant claim involves essentially the same factual situation and legal questions as those discussed in our Award 3939. What we have said in that Award with respect to the building of the scaffold in connection withthe construction and installation of a permanent Diesel Repair Platform in the Carrier's Diesel Repair Shops at Albuquerque, New Mexico, is also applicable to the construction and installation of the scaffold with which we are here concerned.
Accordingly, we hold that the instant claim is without merit for the reasons stated in our aforementioned Award. As a result, it becomes unnecessary to rule on the Carrier's procedural objections and we express no, opinion on the validity thereof.