THIRD DIVISION
(Supplemental)
THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC
RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The Carrier contracted with the Scandlyn Lumber Company to remodel the old freight station at Rockwood, Tennessee, for use as a combination passenger and freight station. This remodeling consisted principally of carpentry work, together with certain miscellaneous electrical, plumbing and heating work, which is covered by another agreement between this Carrier and its shop craft forces.
The contractor's employes, who hold no seniority under the provisions of this Agreement, began work on this project on December 18, 1961, and completed it on January 17, 1962.
The Carrier's B&B forces were fully qualified and properly equipped to perform all B&B work on this project and have performed similar work many times in the past. The Agreement in effect between the two parties to this dispute, dated August 1, 1947, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
POSITION OF EMPLOYES: As evidence of the fact that B&B employes have historically performed work of the character involved in this dispute, we offer the following quoted correspondence:
OPINION OF BOARD: This dispute is identical in principle with cases covered by our Awards 12929 and 12930, involving the same parties and the same effective agreement. Our findings in those Awards are dispositive of the issues in the instant dispute, and the claim 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 respec tively 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