THIRD DIVISION

(Supplemental)



PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
THE BALTIMORE AND OHIO RAILROAD COMPANY

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:


(1) The Carrier violated the Agreement when it assigned the work of dismantling and removing wooden bins in the store room at New Car Shops at DuBois, Pennsylvania to employes holding no seniority in the Carrier's B&B sub-department.


(2) B&B Carpenter w. A. Tankalavage be allowed sixteen (16) hours' pay at his straight-time rate because of the aforesaid violation".


EMPLOYES' STATEMENT OF FACTS: The claimant has established and holds seniority as a Carpenter within the Bridge and Building Department.

The Carrier decided to replace the wooden material bins located in the basement of the Store room at the New Car Shops, DuBois, Pennsylvania, with sectional metal material bins. On February 2 and 3, 1960, the work in connection with the dismantling and removal of the wooden material bins was assigned to and performed by Store Department employes, who consumed a total of sixteen (16) man-hours in the performance of said work.


The wooden material bins were originally constructed by the Carrier's Bridge and Building employes. They were constructed so as to fit between and around the concrete posts, pillars and beams in the basement, thereby necessitating the complete dismantling thereof before their removal could be accomplished.


The claimant was available, willing and well-qualified to have performed the subject work had the Carrier so desired.


The parties have agreed that the time limit within which to institute proceedings to the Board on this case are extended to May 15, 1963.


The Agreement in effect between the two parties to this dispute dated April 1, 1951, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.







13827-16 8855













In the instant case there is no valid claim coming from employes under the scope of the Agreement with the Brotherhood of Maintenance of Way Employes. This claim in all its parts is wholly without merit and should be denied. The Carrier respectfully requests that this Division so rule and that the claim in its entirety be denied.


OPINION OF BOARD: After Carrier's decision to replace some wooden material bins, which were located in a storeroom, with metal ones was made, it assigned the dismantling and removal work to Store Department employes. The time required to perform the task was sixteen hours.


Petitioner alleges a violation of the agreement and asserts that the work described should have been assigned to employes of Carrier's Bridge and Building sub-department. Claimant, as a Bridge and Building sub-department carpenter employe, seeks pay for the time involved.


The pertinent portion of the Scope Rule of the applicable agreement between the parties, provides:






forces:



"(b) Maintaining and painting material bins and tanks within store rooms or oil houses."

Rule 1 (c) of the same agreement states:

"Carpentry, painting, glazing, tinning, roofing, bricklaying, paving, masonry and concreting required in the construction and main-
13827-17 $86



After carefully studying the two quoted rules we are of the Opinion, and we so find, that the exclusive right to perform all work connected with material bins located within storerooms did not lie with Carrier's B&B forces, therefore, its assignment of dismantling work on those bins to other employes was not a violation of the agreement. We will deny the claim.


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 herein; and






    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Ilinois, this 6th day of August 1965.