THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

DULUTH, MISSABE AND IRON RANGE

RAILWAY COMPANY


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:




EMPLOYES' STATEMENT OF FACTS: Traditionally, the work of constructing, maintaining and repairing telephone booths and/or boxes for telephones has been assigned to and performed by the Carrier's Maintenance of Way and Structures Department employes in accordance with the Agreement rules and the practices thereunder.


Nonetheless, during the month of December, 1957, the Carrier assigned its Car Department employes, who hold no seniority rights under the provisions of this Agreement, to construct two soundproof boxes for telephones.


The claimant Bridge and Building Department Cabinet Maker was available, fully qualified and could have performed the work assigned to the other employes, had the carrier so desired.


The agreement violation was protested and the instant claim filed in behalf of the claimant. 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 the dispute dated June 1, 1953, together with supplements, amendments and interpretations thereto is by reference made a part of the question in dispute.



12376-15 232

















OPINION OF BOARD: This claim involves the fabrication, by Car Department employes, in their cabinet shop, of two receptacles for the purpose of mounting a telephone on the back wall of each, the receptacles thus decribed to be placed in structures designated by the Carrier.


The Organization contends the Scope Rule of the current agreement, confers upon the B&B Department employes exclusive right to fabricate the receptacles described.


The preponderance of the evidence supports the contention of the Organization that the work of fabricating telephone booths and receptacles such as are described herein has been performed historically and customarily by this Carrier's B&B Department, and we must perforce find the Carrier violated the Agreement.


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






    Claim sustained.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this Slat day of March 1964.
12376-16 233

CARRIER MEMBERS' DISSENT TO AWARD 12376

DOCKET MW-11334

(Referee O'Gallagher)


The evidence in this record clearly does not support the conclusion that the work involved has historically and customarily been performed by Carrier's B&B Department. Furthermore, Claimant sustained no loss.

    We dissent.


                      G. L. Naylor

                      W. M. Roberts

                      R. E. Black

                      W. F. Euker

                      R. A. DeRossett