THIRD DIVISION
(Supplemental)
(1) The Carrier violated the effective Agreement when, on November 10 and 11, 1959, it assigned five sectionmen to assist Road Carpenter T. A. Beard and his Helper in repairing Bridges D-4.7 and D-18.2 and failed and refused to compensate the aforesaid employes at the applicable higher Bridge and Building rates of pay while so assigned.
On November 10, 1959, five (5) Sectionmen and the Section Foreman at Suquelena, Mississippi, worked four (4) hours each assisting Mr. T. A. Beard, Road Carpenter, and his Helper, in making repairs to Bridge D4-7 near Meridian, Mississippi.
OPINION OF BOARD: At the outset we must treat with Organization's allegation that Carrier's original handling of this claim violated the August 21, 1954 Agreement. .
Organization's letter of claim was addressed to Carrier's Chief Engineer on December 29, 1959.
While it is true that Carrier's original response to the claim, dated February 5, 1960, failed to deny the claim and give the reasons in writing for its disallowance, the sixty day period granted Carrier by the August 21, 1954 Agreement had not then expired.
Carrier wrote the Organization on February 17, 1960 affirming in writing information, given orally at a conference in Mobile, that the claim was denied because it "was not supported by the rules agreement"
Carrier's written denial of the claim meets the requirements of the agreement. We note that the sixty days allowed Carrier for this purpose bad, on February 17, 1960 another ten days to run. Such a denial, or amended denial, is acceptable under Award 12509.
With respect to the merits of the claim, Organization is claiming a rules violation when Carrier assigned five section men to assist the Road Carpenter and his helper in repairing two bridges.
Here the Carrier assigned a Section Foreman and five Sectionmen to assist Road Carpenter Beard, who has an independent headquarters, and his helper in performing bridge repair work.
We have, in the applicable agreement, a provision which clearly states that a "road carpenter, having an independent headquarters, may be used to perform B&B work, when necessary, he may use two other employes, the first being a helper and the second a laborer. When the nature of the work is such that it requires a larger force, a foreman and gang will be used."
Carrier describes the work as "emergency repairs to damaged stringers." It concedes the repairs were made by the road carpenter and his helper, and five section laborers to carry timbers, handle jacks and perform similar laborer's work. It acted similarly on a subsequent occasion November 11, 1959.
Where, as here, the rules agreement specifically grants the Carrier certain rights with respect to work performance, and there outlines the manner in which it may be performed, and by whom, the Carrier is required to follow such rules.
The work here was repair of two bridges; it was B&B work and it should have been performed by them. Therefore the employes used shall now be paid in accordance with Rules 11 and 37.