NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
David Dolnick, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
GEORGIA SOUTHERN AND FLORIDA RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the effective Agreement when it assigned the work of erecting prefabricated depot buildings at Jasper
and at Jennings, Florida, to Contractor J. L. Pitts, whose employes
hold no seniority rights under the provisions of this Agreement.
(2) B&B employes L. D. Young, G. G. Thompson, John Story, Jr.,
Cliff Hart and Julius McLendon each be allowed pay for ninety (90)
hours at his respective straight time rate, account of the violation
referred to in Part (1) of this claim.
EMPLOYES' STATEMENT OF FACTS: On or about May 1, 1959, the
Carrier assigned contractor J. L. Pitts to perform work of erecting prefabricated depot buildings at Jasper and Jennings, Florida.
Consequently, the subject claim was presented in a letter reading:
"Valdosta, Ga. July 4, 1959
Mr. R. A. Kelso, Division Engineer
Southern Railway System
Southern Railway Office Bldg.
Atlanta, Ga.
Dear Sir:
Please accept this as a time claim for the following Employes
L. D. Young, B&B Foreman, G. G. Thompson, B&B Mechanic, John
Story, Jr., B&B Mechanic, Cliff Hart, B&B Helper, Julius McLendon,
B&B Helper, for time made by employes of Contractor, J. L. Pitts,
building prefabricated depots, at Jasper and Jennings, Fla.
I understand that these buildings was started about May 1st, and
finished about June 20, 1959.
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(b) The point here at issue has long since been conceded by the
Brotherhood, as evidenced by the record here made.
(c) Claims identical in principle have been denied by the Board
on numerous occasions.
(d) Denial awards, interpreting the contract in evidence, have
recognized the fact that over the years Carrier has contracted new
construction of the character here involved, and that Rule 61 of the
effective agreement preserved this practice.
(e) Prior Board awards have denied claims where, as here,
claimants were on duty and under pay.
The claim and demand being without basis and unsupported by the agreement, the Board cannot do other than make a denial award, for an award of
any other type would be contrary to the terms of the agreement.
(Exhibits not reproduced-)
OPINION OF BOARD:
The nature of this claim is similar to the claim
in Award No. 12603. Here, the prefabricated buildings were erected by the
same contractor at Jennings and Jasper, Florida. In every other respect,
the evidence in the record on the issue of sub-contracting is identical.
We have fully analyzed the record and discussed the applicable principle
of this Division in Award No. 12603. These are here affirmed.
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 Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By
Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 11th day of June 1964.