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) The Carrier violated the effective agreement when it assigned the work of dismantling the roundhouse building at Muncie,
Indiana, to a general contractor whose employes hold no seniority
within the scope of the agreement between the carrier and the
Brotherhood of Maintenance of Way Employes.
(2) B&B employes C. 0. Tidler, E. C. Guy, Fred Bales, William
Kattness, Porter Lane, Donald D. Perkins, Donald Skinner, Lloyd
Perry, John B. Corlew, Cleo Badgley, Oliver Hawk, Robert Norbeck,
Alvin J. Taylor, Lewis A. Mason, Noel W. Gulley, W. H. Reecer, John
Cable, Thomas P. O'Rourke. Ernest Paul Burch, Harold McDonald,
Ozzie Lee and Wiley Coats 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.
EMPLOYES' STATEMENT OF FACTS: The factual situation in this
case was fully and accurately set forth in the letter of claim presentation which
reads:
"April 20, 1060
Mr. R. F. Miller, Bridge & Building Supervisor
Lake Erie & Western District
Nickel Plate Railroad Company
Frankfort, Indiana
Dear Sir:
Claim is presented as follows:
Statement of claim.
1. The carrier violated the agreement when on or about April 7,
1960 it allowed and/or permitted the dismantling of the carrier engine
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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.