STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The work of paving crossings is one of the traditional and customary duties of employes holding seniority rights in Group 6 of the bridge and building sub-department.
The Carrier assigned Section Foreman Donald Stogner and members of his crew to perform the work of paving crossings at 19th Street, 20th Street, Pacific Avenue and Washington Avenue, Granite City, Illinois, on or about June 13, 1962. Each of these employes expended 8 hours in performing this work.
The Carrier also assigned other than B&B department forces to perform paving work on crossings at St. Clair Avenue (commonly referred to as Relay Station) on or about June 18, 1962. Each of these employes expended 8 hours in performing this work.
to prepare a mixture of materials such as concrete, asphalt or other substance requiring rolling or tamping. Carrier's action, therefore, was not in violation of the existing agreement and the contention of the Organization lacks the support of any rule of the agreement.
The Carrier's actions were in accordance with the agreement and the claim of the Organization should be denied in its entirety.
OPINION OF BOARD: Save for the identity of the individual claimants and the grade crossing involved, the parties, facts and issues in this claim are identical with those recently before the Third Division (Supplemental) in Award 13629 (Hutchins). There, as here, a new material called "Blacrete" was used by Maintenance of Way (Section) forces to fill holes in a railroad grade crossing on this property, and claimants, employes of the Bridge and Building Mason and Concrete Mechanic forces, maintained that such work belonged exclusively to them. Both forces are covered by the same Agreement. In denying the claim it was there held:
No new, other or persuasive facts or arguments are urged in support of the instant claim to warrant a diferent result than that reached in Award 13629 supra. This claim is accordingly denied.
FINDINGS: The Third Division of the Adjustment Board, 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