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Award No. 14263
Docket No. MW-11915
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Edward A. Lynch, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
SOUTHERN PACIFIC COMPANY
(Pacific Lines)
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 constructing and erecting a prefabricated metal building
at Los Angeles, California to the Pascoe Steel Corporation.
(2) Each employe holding seniority rights in the Bridge and
Building Sub-department on the Los Angeles Division seniority roster
be allowed pay at his respective straight time rate for an equal proportionate share of the total man hours consumed by the Contractor's
forces in performing the B&B work referred to in Part (1) of this
claim.
(3) Each employe holding seniority rights in the Water Service
Sub-department on the Los Angeles Division seniority roster be
allowed pay at his respective straight time rate for an equal proportionate share of the total man hours consumed by the Contractor's
forces in performing the Water Service work referred to in Part (1)
of this claim.
EMPLOYES' STATEMENT OF FACTS: On or about January 2, 1959,
the work of constructing and erecting a prefabricated steel building approximately 80 feet in width by 500 feet in length, in the Carrier's Los Angeles
General Shop area was assigned to and performed by the Pascoe Steel Corporation, without negotiations with or the concurrence of the employes' authorized
representatives.
The work consisted of the necessary excavation, construction of concrete
forms, placing and finishing concrete for foundations, floors and runways in
and about the building, erection of the prefabricated steel building on the
foundation, installing
fire lines and the installation of -the necessary water and
sanitation facilities.
OPINION OF BOARD:
There have been seven recent claims progressed
by the Organization to the Third Division involving these same parties and the
same issue. They were considered by six referees, and denial awards were
issued in all seven cases, Award Nos. 9602, 10080, 10722, 10986, 11150, 11462,
14019.
Organization's reliance on Awards 7961 and 7962 by this referee affords the
Organization no support. The facts are entirely dissimilar.
We will follow the prior Awards of this Division, and deny this claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
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 the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 24th day of March 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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