THIRD DIVISION
(Supplemental)
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: In 1957, the Carrier decided to install in its Bellmead Yard, two concrete pipe drains and/or culverts, six (0) feet in diameter and thirty (30) feet in length, and one concrete pipe drain and/or culvert, five (5) feet in diameter and thirty (30) feet in length. The work consisted of the necessary excavation, the placing of the concrete pipe and applying mortar to the joints thereof.
Commencing in the latter part of July of 1957, all of the above referred to work, except mortaring the joints, was assigned to and performed by a General Contractor. The work of installing concrete drainage pipes and/or culverts is work of the character that has been usually and traditionally performed by the Carrier's Bridge and Building employes, using equipment provided by the Carrier.
The employes holding seniority in the Bridge and Building Department on Seniority District No. 5 where the work was performed were available, fully qualified, and could have expeditiously performed the work.
The Agreement violation was protested and the instant claim files in behalf of the Claimants. The claim was handled in the usual and customary manner on the property and declined at all stages of the appeals procedure.
All data submitted in support of the Carriers' position have been hereto fore submitted to the Employes or their duly accredited representatives .
The Carriers request ample time and opportunity to reply to any and all allegations contained in Employes' and Organization's submission and pleadings.
Except as herein expressly admitted, the Missouri-Kansas-Texas Railroad Company and Missouri-Kansas-Texas Railroad Company of Texas, and each of them, deny each and every, all and singular, the allegations of the Organization and Employes in alleged unadjusted dispute, claim or grievance.
For each and all of the foregoing reasons, the Missouri-Kansas-Texas Railroad Company and Missouri-Kansas-Texas Railroad Company of Texas, and each of them, respectfully request the Third Division, National Railroad Adjustment Board, deny said claim and grant said Railroad Companies, and each of them, such other relief to which they may be entitled.
OPINION OF BOARD: This case was consolidated for purposes of briefing and Panel Discussion with Docket No. 10722 in which we have this date issued Award No. 11499. The issue herein presented relative to compliance with Article V, 1. (a) of the August 21, 1.954 National Agreement is the same as the issue resolved in Award No. 11499.
For the reasons stated in Award No. 11499, which are incorporated herein by reference thereto, we will dismiss the claim.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice, of hearing thereon, and upon the whale 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 Ad,tustment Board has jurisdiction over the dispute involved herein; and
That the claim, as presented, does not satisfy the requirements of Article V, 1. (a) of the National Agreement of August 21, 1954.