STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
(1) That the Carrier violated agreement in effect between itself and the Brotherhood of Maintenance of Way Employes by assigning employes from the Mechanical Department to make repair to track switches;
(2) That Section Foreman N. F. Hatfield and Section Laborer Leonard Bill, Section 31, Danville, Illinois, shall each be paid for a call two (2) hours and forty (40) minutes at time and one-half under the application of Schedule Article 4(b) on June 1st and June 11th, 1945.
EMPLOYES' STATEMENT OF FACTS: N. F. Hatfield is Section Foreman in charge of Section No. 31 at Danville, Illinois.
Sometime during the nights of June 1 and June 11, 1945, employes in the Mechanical Department (roundhouse) at Danville were called to make repairs to track switches located on the territory comprising Section No. 31.
Agreement effective' May 15, 1925 between the Carrier and the Brotherhood is by reference made a part of this Statement of Facts.
POSITION OF EMPLOYES: Preamble of agreement in effect between the Carrier and the Brotherhood reads:
As will be noted, the "Preamble", which is equivalent to the "Scope", provides that these rules constitute in their entirety an agreement to cover working conditions of employes in the classes of service represented by the Brotherhood in the construction and maintenance of buildings and structures, track, etc. That, of course, means that employes coming within the Scope of that agreement are entitled to the work in connection with construction and maintenance of tracks and switches. By the same token, it is in violation of the Maintenance of Way Agreement to assign employes of other departments, employes who do not come within the Scope of the Maintenance of Way
It will be noted in the last paragraph of his letter, Mr. Cellini takes the position that the proper thing to do in a case of this kind would be to spike the switch and leave in a safe position until sectionmen made repairs. We respectfully submit that in order to spike the switch as the General Chairman suggests, employes involved would have to secure necessary materials and tools, wich would entail considerably more time and labor than is required to make adjustment to return the switch to service. In the event of damage to either the switch or stand, it is the practice to spike a swich until such time as sectionmen can make repairs as the General Chairman suggests; however, the type of casting involved in the case at issue is designed for the specific purpose of avoiding damage to switch or stand, and to do as the General Chairman suggests would destroy in part the value of this particular equipment. .
The General Chairman further states in his letter above referred to, "We cannot agree that any one respike switch stand, change lug, and adjust rods, etc." We respectfully submit that with this type of casting it is not necessary to respike the switch stand, and the changing of the lug and adjusting of rods referred to merely involves a matter of turning the casting to bring a new lug into position and placing the rod on the new lug.
In the light of the foregoing facts, we respectfully request that claim of employes be declined.
OPINION OF BOARD: Two switches on Section 31 Danville, Illinois were damaged by being run through,-one during the night of June 1, 1945 and the other during the night of June 11, 1945, and were repaired on the nights in question by Mechanical Department employes. This work was done 3308-5 65 ,
by those employes in lieu of having the switches spiked by the switchmen or others for later repairs by the track forces which action the parties are in accord could properly be taken, or in lieu of calling trackmen to make immediate repairs.
As the work of repairing such damaged switches is work covered by the agreement with the Maintenance of Way employes, it should have been so done upon these two occasions. Proper reparation in this case will be made by payment of a call to the M. of W. employe whom it would have been necessary to call upon each occassion in order to do the work that was done in each of these two instances.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the carrier and the employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and