THIRD DIVISION
(Supplemental )
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: In accordance with the Agreement rules and the established practices thereunder, cooks have traditionally been provided by and at the Carrier's expense for employes assigned to Bridge and Building gangs headquartered in outfit cars or highway trailers from point to point over a seniority district.
Prior to February 18, 1957 the Claimant, Mr. T. Dortch was regularly assigned to the position of cook on Foreman Heavner's B&B Gang. This B&B Gang was assigned to work at various locations on its seniority district.
On February 18, 1957 the position of cook on the above referred to B&B Gang was abolished.
The Agreement violation was protested and the claim as set forth herein was filed in behalf of the claimant.
The claim was handled in the usual manner on the property and declined at all stages of the appeals procedure.
The Agreement in effect between the two parties to this dispute dated September 1, 1949, together with supplements, amendments, and interpretations thereto are by reference made a part of this Statement of Facts.
POSITION OF EMPLOYES: Rule 3 of Article 11, insofar as it is pertinent hereto, reads as follows:
Claim being unsupported by the agreement, the Board, being limited to interpreting the agreement, is left with no alternative except make a denial award.
All evidence here submitted in support of Carrier's position is known to employe representatives.
Carrier, not having seen the Brotherhood's submission, reserves the right after doing so to present any additional evidence necessary for the protection of its interests.
OPINION OF BOARD: This is a dispute between The Brotherhood of Maintenance of Way Employes and The Southern Railway Company.
The issue in this case is the same as in Docket No. MW-10717, Award No. 11246. The decision turns on whether there is an established practice on the property.
It is impossible to determine the practice from the evidence furnished us. The parties have offered evidence to a contrary practice.
We do not believe, generally speaking, that cases should be remanded. However, under the specific facts and circumstances that attend this dispute, we remand it to the property for further handling and return here if the parties are unable to agree.
If a substantially consistent and well established practice is found to exist, the claim should be disposed in accordance with the practice. Otherwise, the claim should be denied.
This opinion is restricted to the particular facts and circumstances attending this case.
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.
Claim remanded to the property for disposition in accordance with the foregoing Opinion and Findings.