THIRD DIVISION
(Supplemental)
(1) The Carrier violated the effective Agreement when, on March 26, 1958, it assigned other than its Bridge and Building employes to construct a platform to transfer roofing material from one car to another.
(2) Furloughed Bridge and Building employes John Gerk, Albert Lorenz and Foreman Blake each be allowed four (4) hours' pay at their respective straight time rates because of the violation referred to in Part (1) of this claim.
EMPLOYES' STATEMENT OF FACTS: On March 26, 1958 the work of constructing a platform for the use of trackmen to transfer roofing material from one car to another was assigned to and performed by Car Department employes, who hold no seniority rights under the provisions of this Agreement.
The work was of the character that has heretofore been usually and traditionally performed by the Carrier's Bridge and Building employes.
The Claimant Bridge and Building employes, who were in furloughed status, were available and could have expeditiously performed the above referred to B&B work.
The Agreement violation was protested and the instant claim filed in behalf of the claimants. The claim was handled in the usual and customary manner on the property, but was declined at all stages of the appealsprocedure.
The Agreement in effect between the two parties to this dispute dated August 29, 1951, together with supplements, amendments and interpretations thereto is by reference made a part of this statement of facts.
tenance of Way Employes under Supplement No. 8 of General Order No. 27. Railway Board of Adjustment No. 2 issued Docket No. 2201 on December 14, 1920, and upheld the position of the Carmen's Organization when they said:
Award No. 1656 of the Second Division of the National Railroad Adjustment Board covered a dispute between the Carmen's Organization and the Atchison, Topeka and Santa Fe Railway involving a protest of that organization because Bridge and Building Department employes were used to paint some portable supply bins and upholsterers' work benches. In its Award the Board said:
The same principle is involved in the instant dispute. The building ,of the temporary platform was by no stretch of the imagination associated with the erection of and repairs to buildings but carpenter work "in shops and yards" and associated with carmen.
The Carrier contends the work involved was properly handled by carmen and there is, therefore, no merit in the Organization's claim and it should be denied.
All of the facts and arguments herein set forth have been presented to the employes either orally or through correspondence.
OPINION OF BOARD: The facts giving rise to this claim are uncontroverted. The Carrier permitted members of the Car Department to construct a platform between two cars to facilitate the transfer of the loading from one car, which was in bad order, to the other, which was a sound car.
The Organization avers that the Maintenance of Way Employes have the exclusive right to construct the platform or walk way erected by the Carmen, urging that under the Scope Rule, all such work is by its nature, and historically, Maintenance of Way Employes' work.
The Carrier relies on the temporary nature of the structure complained of, but an examination of the awards fails to lend support to that contention.
While the Scope Rule does not specifically describe all the work that falls within the Agreement, the Board upon the evidence presented must 11891-10 472