STATEMENT OF CLAIM: These claims are for eight (8) hours pay for Joseph Dario and Joseph Kure on account of two mechanics cleaning out Sand Car on March 28th, 1953, work which comes within the scope of the Maintenance-of-Way Department.
EMPLOYES' STATEMENT OF FACTS: On March 28th, 1953, the Company used two mechanics to clean out a sand car. This occurred on a Saturday. A Maintenance-of-Way laborer, working Monday through Friday has always done this work. On the Saturday in question many other laborers from the Maintenance-of-Way Dept. were available, but the Company chose to ignore their rights to this work. In addition to this, the Company is on record that in future hostlers will perform the work.
POSITION OF EMPLOYES: This case represents a definite violation of the scope of the Agreement as it concerns the Maintenance-of-Way Dept. The work in question has always been performed by laborers from the Maintenance-of-Way Dept. and the action taken by the Company represents complete indifference concerning the rights of these employes. Moreover, the threat, for that is what it amounts to, that hostlers will perform the work in future is hardly in accord with the urpose for which the Agreement was drawn up.
The United Steelworkers of America, during the many years it has done business with this Company, has always except on one solitary occasion, lived up to the intent and purpose of the Agreement. The facts are before this Honorable Board, and we ask it if, in its opinion, the Lake Terminal Railroad is showing any respect for the Agreement.
"The purpose of this Agreement is to establish more extensive and more definite rules and regulations governing wages, hours of work and other conditions of employment, which should result in better cooperation among
We ask this Honorable Board to rule that the Company was in violation of the Agreement when it used mechanics on laborers work, and that it was also in violation of the Purpose of the Agreement when it said that hostlers would perform the work in future.
CARRIER'S STATEMENT OF FACTS: At the time this claim arose the Carrier unloaded sand from open top cars with a crane. The sanding facilities are located near the Carrier's Diesel Shop and two mechanics from the shop were used for approximately one hour in pushing sand to the middle of the car for removal by the crane.
The current Schedule Agreement between the parties contains no Scope Rule. Article III, Section 11, provides:
The current Schedule Agreement between this Carrier and the Brotherhood of Locomotive Firemen and Enginemen contains the following:
POSITION OF CARRIER: In the absence of a Scope Rule defining the duties of the respective classes or crafts of employes represented by this Organization, and in view of the provisions of the current Schedule Agreement between this Carrier and the Brotherhood of Locomotive Firemen and Enginemen quoted above, the Carrier is of the opinion that the use of section men in the past to perform the service involved in these claims was improper. It cannot be disputed that the sanding of locomotives is generally recognized as hostlers work and therefore the placement of the sand in the sanding facilities for that purpose must be considered as "other work incident to the dispatchment of engines."
The fact that section men have in the past performed this service cannot give them the right to the service when it in reality belongs to another craft subject to another Schedule Agreement.
It is therefore respectfully submitted that these claims must be dismissed. It is hereby affirmed that all data submitted in support of the Carrier's position have been submitted in substance to the employes or their duly authorized representatives and made a part of the particular case in dispute.
OPINION OF BOARD: This Board finds that the claim as cited by Petitioner is not supported by the Agreement or other documentary evidence. 6894-3 1368