NATIONAL RAILROAD ADJUSTMENT BOARD
William H. Coburn, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
THE NEW YORK, CHICAGO AND ST. LOUIS
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when it assigned or
otherwise permitted track department forces from Section 3 to
dismantle two (2) motor car take off platforms at Mile Post 42-16
and at Mile Post 42-38 and to construct and install two new takeoff platforms.
(2) B&B Foreman Fred Bales and B&B Carpenters Donald
Perkins and Oliver Hawk each be allowed nine (9) hours' pay at
their respective straight time rates account of the violations referred to in Part (1) of this claim.
EMPLOYES' STATEMENT OF FACTS: In compliance with orders by
their superior, Track Department forces from Section No. 3 dismantled two
motor car platforms constructed of 3'/z-inch by 8 inch by 8 foot wood planks
at Mile Post 42-16 and at Mile Post 42-38 and then constructed two new
motor car take-off platforms of 5 inch by 8 inch by 8 foot lumber. This work
was performed on or about May 15 and May 20, 1958. A Section Foreman
and two trackmen each consumed a total of 4s/z hours on each motor car
take-off platform, for a total of nine (9) hours expended by each of the
track department employes. The instant claim was properly and timely filed
and progressed on the property. The Carrier has declined to allow the claim.
The Agreement in effect between the two parties to this dispute dated
February 1, 1951, together with supplements, amendments, and interpretations thereto is by reference made a part of this Statement of Facts.
POSITION OF EMPLOYES:
Rule 52 is controlling here, particularly
Sections (a), (b) and (c), which read:
"RULE 52.
CLASSIFICATION OF WORK
(a) This rule classifies the work to be performed by employes
included within the scope of this agreement and is not intended to
[818]
12729-15
832
The claim is wholly without merit and must be dismissed or denied.
(Exhibits not reproduced.)
OPINION OF BOARD:
In accordance with the findings and conclusions
of the Board in Award No. 12726, this claim also will be denied.
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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 14th day of July 1964.