STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The claimants hold seniority in the Bridge and Building Sub-department on the Coast Division and are assigned to B&B Gang No. 1 with headquarters located in San Francisco, California. B&B Gang No. 1 works a work week of Monday through Friday, exclusive of holidays, with rest days of Saturday and Sunday. B&B Gang No. 1 performs all the work of the Bridge and Building Sub-department in San Francisco including the building and dismantling of fences.
On the dates of March 11 and 12, 1957 members of Section 1-D was assigned to dismantle a fence of approximately 1000 feet in the area of the old supply depot between 4th and 5th Streets. The fence was constructed of timber posts and woven wire commonly known as "hog wire." This was part of a project including the removal of 1000 feet and rebuilding of 300 feet. Bridge and Building employes rebuilt the 300 feet.
Section forces who performed the work consisted of a foreman, four laborers and a truck driver. No Bridge and Building forces were used in the dismantling of the fence.
The instant claim was presented and progressed in the usual and customary manner. The Carrier has declined the claim.
Division since the adoption of the current agreement, nor was there such a position or gang on that Division for years prior thereto.
Attention is directed to Award 7583 of this Division, which denied a similar claim prosecuted by petitioner.
All data herein submitted have been presented to the duly authorized representative of the employes and are made a part of the particular dispute in question.
OPINION OF BOARD: On March 11 and 12, 1957 Carrier used a Section Foreman, a Truck Driver and four Laborers to remove 875 feet of woven wire fence in the vicinity of 4th and 6th Streets, in San Francisco, California. The fence was rebuilt by Bridge and Building employes. The claim is on behalf of employes in the Bridge and Building gang who contend that they should be paid for the hours worked at B & B rates because the work belongs to them.
An identical issue, involving the same parties, and the same contract provisions has been decided by this Board in Award 11129 (Boyd). We have examined this Award and find nothing palpably wrong with it. The conclusion reached therein applies to the record in the present dispute. It is essential that there be a continuity of decisions. For the same reasons contained in Award 11129, we are obliged to conclude that the Carrier did not violate the Agreement.
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 11175--13 221