NATIONAL RAILROAD ADJUSTMENT BOARD
Dudley E. Whiting, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood:
(1) That the Carrier violated the effective agreement when it
assigned a General Contractor to paint the remodeled portion of
the 12th Street Record Building during the period March 31 to April
9, 1948.
(2) That Bridge and Building Painters A. T. Knott, A. C.
Williams, and B. C. Moan be paid at their respective straight-time
rates of pay for a proportionate share of the total man-hours consumed by the Contractor's forces in the performance of the above
referred to work.
EMPLOYES, STATEMENT OF FACTS:
Between March 31 and April
9, 1948, the Carrier assigned to a General Contractor the work of painting
the remodeled portion of the 12th Street Record Building.
A claim was filed in behalf of Painter A. T. Knott, A. C. Williams and
B. C. Moan for sixty-four (64) hours each at the Painter's pro rata rate of
pay because the work was improperly assigned to a General Contractor.
Claim was declined.
The agreement in effect between the two parties to this dispute, dated
December 1, 1946, and subsequent amendments and interpretations are by
reference made a part of this Statement of Facts.
POSITION OF EMPLOYES:
The Scope Rule of the effective agreement
reads as follows:
"Rule 1. These rules govern the hours of service and working
conditions of all employes in the Maintenance of Way and Structures
Department, including Roadway Equipment Machines, Water Service and Welding employes, not above the rank of foreman. This
agreement does not apply to Signal, Telegraph and Telephone Maintenance Departments and Clerks; nor does it apply to part-time
positions for which amounts of fifty ($50.00) per month or less are
paid."
[2281
5521-7
2;j4
In conclusion, the Carrier asserts that:
1. The remodeling work performed by the contractor was a proper
subject of an independent contract involving work which for the
most part is outside the agreement applicable to employes represented by the Petitioner.
2. The employes' representative admits that it was proper to contract the small amount of Bridge and Building work involved in
the general contract.
3. Since it was proper to contract the remodeling work, the Carrier
was not required to separate the contract into its small component
parts for the purpose of parceling out the small amount of incidental painting to the claimants.
4. The Carrier's position is unequivocally supported by the principles adopted by the Third Division in awards cited by the
Carrier.
5. With these irrefutable facts and circumstances present, Petitioner's claim is totally lacking in contractual substance and is
clearly contrary to the principles established by the Third Division and must, in all things, be denied.
(Exhibits not reproduced.)
OPINION OF BOARD:
We have previously held that claims involving
only a small integral part of work contracted out are not sustainable if the
entire project, considered as a whole, was properly subject to being contracted out. See our Awards Nos. 2819, 3206, 4753, 4776 and 5304.
In this case the claim covers only the painting performed by a general
contractor as an incident of the alteration of a building and the installation
of various fixtures and equipment therein under a lump sum contract. There
is no allegation or showing that upon consideration of the project as a whole
it was not properly subject to being contracted out. Hence the claim is
without merit.
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 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
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: A. I. Tummon
Acting Secretary
Dated at Chicago, Illinois, this 17th day of October, 1951.