NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement when, on August 19 and 20, 1957, it assigned other than Bridge and Building Department employes to dismantle and replace the wooden highway crossings at Mile Posts 119-20 and 119-40;
EMPLOYES' STATEMENT OF FACTS: On August 19 and 20, 1957, the work of dismantling and replacing the wooden highway crossings at Mile Posts 119-20 and 119-40 was assigned to and performed by the Track Department employes assigned to Section No. 19 on the Carrier's Buffalo-Cleveland Division.
The Employes contend that the work should have been assigned to and performed by B. & B. forces and the instant claim was then duly and timely presented. 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 February 1, 1951, together with supplements, amendments, and interpretations thereto is by reference made a part of this Statement of Facts. (Agreement No. 5)
POSITION OF EMPLOYES: In a letter dated February 17, 1958, the Carrier's highest appellate officer advised the undersigned General Chairman in part that:
OPINION OF BOARD: It is the contention of the Claimants that the Carrier was in violation of the applicable provisions of the Agreement when it used Track forces to dismantle and replace wooden highway crossings at Mile Post 119-20 and 119-40; that such work is specifically delegated to employes of the B&B Department under Rule 52 (b) of the effective Agreement.
Carrier maintains, however, that the crossings involved in this dispute were private or farm crossings located on the Carrier's right-of-way; that on August 19 and 20, 1957, the main tracks in the territory were being machine surfaced and in order to surface tracks under farm crossings, consisting of some old ties forming the roadway across the tracks, the old ties were removed by the Track forces and were later replaced when the surfacing had been completed; it is Carrier's further contention that this work had always been performed by the Track section forces in connection with maintaining traffic and surfacing track and there is no carpentry work involved; it is Carrier's further contention that this work was properly done by the Track forces within the intention of 52 (c) of the Agreement.
In the record it is conceded by both the General Chairman and Assistant General Chairman that the crossings in question were farm or private crossings. That being so, 52 (b) does not apply as that Rule applies to "highway crossings." In Webster's New Collegiate Dictionary a "highway" has been defined as: "a main road or thoroughfare; hence, a road or way open to the use of the public." The rules of contract construction require that unless indicated otherwise, words used in a contract are to be interpreted in their normal and popular sense. 11485-16 172
It has been suggested by the Petitioner that this type of crossing might be included within the words "other similar structures." In Rule 52 (b) a "highway crossing" is specifically identified. If any other type of crossing had been intended, the word "highway" could have been eliminated; consequently such a suggestion is not convincing.
The primary purpose of the work the Trackmen were doing was that of surfacing the tracks and incidental to that work was the necessity of removing and replacing ties at farm crossings. This brings the work of the Trackmen in the present situation clearly within the purview of 52 (c) of the Agree ment.
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