NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, 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) Carrier violated the effective agreement when it assigned
the work of dismantling a number of buildings* of South Lima, Ohio
to a contractor whose employes hold no seniority within the scope of
the agreement.
(2) B&B Department employes C. 0. Tidler, E. C. Guy, Fred
Bales, William Kattness, Porter Lane, Donald D. Perkins, Donald
Skinner, Lloyd Perry, Cleo Badgley, Oliver Hawk, Robert Norbeck,
Alvin J. Taylor, Lewis A. Mason, Noel W. Gulley, W. H. Reecer,
Thomas P. O'Rourke, Ernest P. Burch, Harold McDonald, Ozzie Lee,
Wiley Coats, Lee Tidler and John Cable each be allowed pay at their
respective straight time rates of pay for an equal proportionate
share of the total number of man hours consumed by the contractor's
forces in performing the work referred to in part (1) of this claim.
*The buildings involved are the Master Mechanic and Front
Office building (No. 90-1), Roundhouse (No. 90-2), Machine Shop
(No. 90-8), Washout Plant (No. 90-6), Compressor House (No. 90-9),
Toilet Building (No. 90-10), Blacksmith Shop (No. 90-11), Acetylene
Building (No. 90-21), Car Inspector and Engine Oilers' Building (No.
90-27), Water tank, 50,000 gallon capacity (No. 90-30), Flues Shop
(No. 90-23), Coal Dock Lift House (No. 90-50), Coal Dock and appurtenances thereto (No. 90-51), Water Treater Plant and Water
Tank, 300,000 gallon capacity (No. 90-82), Sand Blast Storage (No.
90-104), Flue Rock Storage (No. 90-89).
EMPLOYES' STATEMENT OF FACTS: The factual situation in this
case was fully and accurately set forth in the letter of claim presentation
which reads:
[4267
13053--18
4430
employes, we are of the opinion that no loss resulted to claimants". This
same principle has been upheld in numerous other awards of this division,
among them being Awards 1610, 3215, 3254, 3255 and 3839.
The Carrier also contends that it is of particular importance that the
buildings which were to be demolished by the contractor became, under the
contract, the property of the contractor. In other words, the structures which
the contractor tore down were his own. These buildings and structures were
obsolete, were no longer needed in the operations of the Carrier, and had been
abandoned. They were accordingly demolished and hauled away by an outsider who wanted the salvage material.
The Carrier has shown that the claim is wholly without merit and should
be declined.
(Exhibits not reproduced.)
OPINION OF BOARD:
The parties and the issues in this case are the
same as in Award No. 13052. For the reasons given and findings made in
that Award we will deny the claim in this case.
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 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 13th day of November 1964.