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
effective Agreement when
it assigned Track Department
employes instead
of B&B Department
employes to
dismantle an old wood-bituminous highway crossing at
Mile Post 175-16-17 at Celia
Avenue in
Muncie, Indiana and to then
construct a new wood-bituminous highway crossing at that same location.
(2) The Carrier further violated the
effective Agreement when
it failed and
refused to
compensate those Track Department employes at applicable B&B rates of pay for the
performance of
the work
referred to in Part (1) of this claim.
(3) Track Foremen Lora Phillips and George Bergman each be
allowed the difference between what should have been paid at the
B&B Foremen's rate and what they
were paid
at the Track Foreman's
rate and that Assistant Track Foreman William Schultz be allowed
the difference between what he should have been allowed at the B&B
Assistant Foreman's rate and what he was paid at the Assistant Track
Foreman's rate for the four hours each consumed in supervising and
directing the performance of the B&B work referred to in Part (1)
of this claim.
(4) Each of the following Trackmen be allowed the difference
between what they should have been paid at the carpenter's rate
and what they were paid at the trackman's rate for the hours each
consumed in performing the B&B work,
referred to
in Part (1) of
this claim.
Hours Hours
Name Consumed
Name Consumed
Robert Maynard 4 Claude Phifer 1
Morris Anderson 4 Glen Sutton 1
Eligah Cox 4 Arthur A. Smith 1
Robert Bertram 4
[900]
12736--9
908
(f) Rule 52 is a penalty rule per se and Rule 51 also applies
to the same work;
(g) that a bituminous highway crossing is a wooden platform, a vehicle plank crossing, a wood-bituminous highway crossing, or whatever description the Employes may
choose to adopt at the moment as long as it does not
follow common usage and conform to the dictionary
definition of "bituminous".
The Carrier asks that its submission in the other seven cases herein cited
be made a part of this submission to the end that the contradictions and can.
flictions in the position of the Employes in such cases be brought into focus.
As to the merits of the instant claim the Carrier repeats what it said
in other like claims-that it has shown that the portion of the work made
the subject of this claim was all a part of the work of "maintaining .
bituminous highway crossings and other work incidental thereto . ." within
the meaning of Rule 52 (c) of the current agreement. As such, it follows that
the Track Department employes were properly compensated at their own rate
of pay and the claim is without merit and must be denied.
(Exhibits not reproduced.)
OPINION OF BOARD:
The parties, the facts, the issue and the Agreement in effect in this docket are substantially the same as those upon which
the Board rendered Award No. 12731.
That Award, therefore, applies and is controlling here. The claim, accordingly, 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.