NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
THE NEW YORK, CHICAGO AND ST. LOUIS RAILROAD
COMPANY
EMPLOYES' STATEMENT OF FACTS: The claimant Section Foreman and Trackmen were regularly assigned as such on the section headquartered at Saybrook, Illinois.
On July 5, 1957 the claimants were assigned to construct a highway crossing at Mile Post 347-29. The work consisted of placing and securing one creosoted plank (4 inch x 8 inch x 18 feet) on each side of each rail and filling the void between the rails with a bituminous mixture.
The Employes contend that the construction of the wooden portion of the above referred to crossing was and is Bridge and Building Department work and that the Claimant Track employes were, therefore, entitled to be paid at the B&B Department rates of pay for the one hour each consumed in the performance of said work.
The Agreement in effect between the two parties to this dispute dated February 1, 1951, together with supplements, amendments and interpretations
incidental thereto' and as such was properly compensable at the regularly established rates of pay for track forces.
All that is contained herein is either known by or available to the Employes.
OPINION OF BOARD: On July 5, 1957 the Claimant Section Foreman and Trackmen were assigned to construct a highway crossing. The highway was a bituminous mixture road. The work consisted of placing bituminous mixture on each side of each rail and holding it in place with one creosoted wooden plank on each side of the mixture. Claimants contend this was Bridge and Building Department work and that they were entitled to be paid at the higher B&B Department rates for one hour each consumed in the performance of the work.
The work must belong to the Bridge and Building Department before higher rate of pay applies.
In Award No. 11478 (Hall) the identical question was decided adversely to the Claimants. In that dispute the Bridge and Building Department claimed the work of construction of a bituminous highway crossing belonged to them and not to Track Subdepartment employes. In a well considered Opinion the Board held that under Rule 52 (c) the work belonged to employes of the Track Department.
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