MISSOURI-KANSAS-TEXAS RAILROAD COMPANY
MISSOURI-KANSAS-TEXAS RAILROAD COMPANY OF TEXAS
STATEMENT OF CLAIM: Claim of the Systern Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: In 1957, the Carrier decided to extend the culverts at Miles 929, 930, and 931 to accommodate a passing track extension.
The work consisted of the necessary excavation, the installation of nine (9) pieces of twenty-four (24) inch concrete pipe, and seven (7) pieces of sixty (60) inch pipe and applying mortar to the pipe joints.
On or about September 19, 1957, all of the above referred to work, except the mortaring of the pipe joints, was assigned to and performed by a General Contractor.
The work was of the character that has been usually and traditionally performed by Bridge and Building Department 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 efficiently performed the work.
All data submitted in support of the Carriers' position have been heretofore 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, 1954 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 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 claim, as presented, does not satisfy the requirements of Article V, 1. (a) of the National Agreement of August 21, 1954.