NATIONAL RAILROAD ADJUSTMENT BOARD
Dwyer W. Shugrue, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
UNION PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the effective Agreement when it assigned the work of constructing a locker room building and other
work incidental thereto at The Dalles Timber Treating Plant to a
contractor whose employes hold no seniority under this Agreement;
(2) B&B Foremen C. F. Nearman, R. L. Willingham; B&B
Carpenters Julius Swelha, Earl D. Bangs, F. F. Foster, Fred
Holmquist, J. Rissi, William Berry, Edwin Hill, A. W. Toney, C. A.
Elkinton; B&B Helpers V. M. Calavan, D. A. O'Connel, C. M. Dregne,
W. L. Spangler; Masons J. Nickschinski, F. Otzenberger, and F. L.
Wood each be allowed pay at their respective straight-time rates
for an equal proportionate share of the total man-hours consumed
by the contractor's forces in performing all carpenter and masonry
work on the building referred to in part (1) of this claim;
(3) Painter Foreman W. E. Stitt; Painters E. D. Seagesen,
L. A. Sager, W. J. Johnson. Joe May, and F. L. Ross each be allowed
pay at their respective straight-time rates for an equal proportionate
share of the total man-hours consumed by the contractor's forces in
performing all painting work on the building referred to in part (1)
of this claim;
(4) Water Service Foreman M. G. Berry be allowed pay at his
straight-time rate of pay for an equal number of hours as was
consumed by the contractor's forces in installing heating, sanitary,
and water service facilities in the building referred to in part (1)
of this claim.
EMPLOYES' STATEMENT OF FACTS:
The Carrier owns a Timber
Treating Plant at The Dalles, Oregon which it leases to the Baxco Corporation. The lease provides that the Baxco Corporation will perform the maintenance work necessary to the operation of the plant and facilities, except
for major repairs and new construction.
In 1953, the Carrier issued work order No. 6744, authorizing a new facility
to be constructed at its Timber Treating Plant. Specifically, work order
[2121
7444-11
222
All information and data contained in this Response to Notice of Ex
Parts Submission are a matter of record or are known by the organization.
(Exhibits not reproduced.)
OPINION OF BOARD:
The instant docket together with Award 7443
and Award 7442, contemporaneously rendered, were considered together and
all three disputes concern construction of certain facilities at the timber
treating plant at The Dallas, the only difference being the individual structures involved and the method of handling their construction. The claim
indicated the nature of the facility constructed. The parties are agreed
that the same principles and issues are involved in all three dockets, i.e., was
the carrier in violation of the Agreement because employes other than those
within the coverage of the agreement performed the construction work in
dispute. This docket must be governed by our reasons for holding in Award
7442 that the agreement was not violated.
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. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of November, 1956.