PARTIES TO DISPUTE:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES



STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:


(1) That the Carrier violated the agreement on December 31. 1947 and January 1, 1948, by assigning the work of removing snow from switches at Kansas City to Signalmen having no seniority in the Track Department instead of assigning Section Foreman Harold Howe and Section Laborer Joe Shepherd;


(2) That these two claimants each be paid fourteen (14) hours pay at their respective rates of pay as provided for in the overtime rules of the agreement.


EMPLOYES, STATEMENT OF FACTS: On December 31, 1947 Section Foreman Harold Howe was working four regular Section Men and five extra men for Extra Gang No. 2, cleaning snow from tracks and switches and at 4:30 P.M., the regular quitting time for the gang, Section Foreman Howe was instructed to leave two of his regular Section Men on the job to work all night to assist two Signal Men assigned from the Signal Department in cleaning snow and ice from switches. The Management releasing Section Foreman Howe, Section Laborer Shepherd and his five extra men from overtime services. The two Signal Men retained for cleaning snow from switches and the two Section Laborers retained to assist them, worked overtime from 3:30 P.M. to 7:30 A.M. the morning of January 1, 1948 cleaning snow from the interlocking switches.


These two Signal Department employes retained for snow duty were In addition to the regular second trick assigned Signal force.


Track Foreman Harold Howe and Track Laborer Joe Shepherd per formed no work, and received no compensation from the Carrier for the period between 4:30 P.M., December 31, to 7:30 A.M., January 1, 1948.


The agreement dated November 1, 1938 between the parties to this dispute and its subsequent amendments and interpretations are by reference made a part of this Statement of Facts.


POSITION OF EMPLOYES: Classification of Work Rule 2 of the effective agreement is as follows:







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Under Account 272, "Removing Snow, Ice, and Sand," appears the following:





It will be noted from the text of the two Accounts that "cleaning of property" is separate and distinct from removing of snow. There is no connection between the two operations as the Interstate Commerce Commission has recognized. Consequently, since the Employees have based their claim on the phrase "cleaning of property," their claim must be denied.


OPINION OF BOARD: The record discloses that on December 31, 1947, Section Foreman Harold Howe was working four regular section men and live extra men in cleaning snow from tracks and switches. At the regular quitting time (4:30 P.M.) Howe was instructed to leave two regular section men on the job to assist two signalmen in cleaning ice and snow from switches. It is the contention of claimants that they should have been used in the place of the two signalmen who were used.


The Organization contends that Rule 2 (a), current Agreement, is controlling. It provides:




clear of snow ordinarily belongs to section men. In emergene ea, of course,

ec ion men may be augmented by other avai able employes. But the quoted section of the agreement is ambiguous in that it generally assigns the construction and maintenance of tracks and switches, ditching, drainage, cleaning of property, and oil switch lamp maintenance to section men without referring to snow handling.


Signalmen are charged with the duty of maintaining the signal system and power controlled switches and interlockings. We think a signalman engaged in signal maintenance may properly remove snow and ice to insure the proper operation of signals, electrically controlled switches and Interlockings. Such work is incidental to the duties imposed on this craft. In the present case the two signalmen working overtime were cleaning switches within the area controlled by Tower No. 2. The record discloses that a bad storms was imminent and the Carrier decided that signalmen were required on duty to protect the service. The record does not disclose that the work performed was not incidental to this service. If the maintenance of signals or interlockings were not involved, the contentions of the Organization would appear unassailable. Here, the work performed by the signalmen involved keeping the interlocking operating, the removal of snow and ice was Incidental to that function and proper to be performed by signalmen. Unless the removal of snow and ice is in connection with work of the Signalmen's craft, and in furtherance thereof, it belongs to section men.

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The practice of this Carrier in the past sustains the interpretation we
have placed upon it. The record shows that similar work has been performed
by signalmen in substantial quantities for the last ten years or more. The
conduct of parties to an agreement, with reference to an ambiguous provi
sion thereof, is very expressive as to the meaning intended. Where the
parties have pursued a mutual course with eference to it, it affords a safe
guide to the interpretation to be given it. l~Ve are of the opinion, therefore,
that signalmen may be used in cleaning switches, interlockings and signals
of snow and fee where such work is incidental to She maintenance of signal
eouinm akinns Under the cited rule and the mutual Inter
pretation placed upon it in t ie past, the Organization has not established its
exclusive right to the work in question.

FINDINGS: The Third Division of the Adjustment Board, after giving 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 Employes involved in this dispute are respectively carrier and employes 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






    Claim denied.


                NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


ATTEST: A. I. Tummon
Acting Secretary

Dated at Chicago. Illinois, this 18th day of October, 1949.