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Award No. 5149
Docket No. 4950
2-CRRofNJ-SM-'67
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Ben Harwood when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 72, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Sheet Metal Workers)
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
DISPUTE: CLAIM OF EMPLOYES:
(a) That the Carrier violated the controlling agreement and
particularly Rules 18 and 76 thereof, between the Central Railroad
Company of New Jersey and System Federation No. 72, when they
assigned employes from another Department to perform Sheet Metal
Workers' work of installing an extension of Propane and Oxygen
pipe lines from the Freight Car Strip Track to another track where
freight cars are scrapped with parts salvaged.
(b) That this claim is a continuing claim and will continue until
satisfactorily disposed of in its entirety.
(c) That Claimants name herein be compensated at their regular
established hourly pro rata rate of pay, as follows:
W. Gerhardt 32 hours A. Barna 32 hours
N. Riccardi 8 hours J. Crochunis, Helper 16 hours
(d) That all work in shops, yards and buildings as herein or
after referred to; and as contained in Sheet Metal Workers' Special
Classification of Work Rule No. 76 be properly assigned to employes
of the Sheet Metal Workers' craft.
EMPLOYES' STATEMENT OF FACTS: The Central Railroad Company
,of New Jersey, hereinafter referred to as carrier, maintains. at Elizabeth,
New Jersey, modern shop facilities for the repair and servicing of its rolling
stock and the shop here involved, is identified as the Elizabethport Freight
Car Shop. Sheet metal workers and helpers are regularly employed in the
Elizabethport Shops by Carrier, to perform all sheet metal workers' work
arising at the point.
tenance of
way
employes have performed such work as previously referred to
herein, carrier submits that the organization cannot be credited as establishing a prima facie case that sheet metal workers have historically and customarily been consistently assigned such work to the exclusion of maintenance
of way employes.
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 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Complaint here alleges a state of facts concerning installation of
pipe lines essentially similar to the facts alleged in that connection in
Award No. 5148, and here again it is charged that there was a violation of
Rules 18 and 76 of the controlling agreement. For the reasons stated in said
Award No. 5148, the disposition of this Complaint must be the same
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 28th day of April, 1967.
Keenan Printing Co., Chicago, Ill. Printed in f f.S.A.
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