NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
George S. Ives, 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 beginning
on or about November 1, 1959, when it deprived and/or denied employes holding seniority in the class of Equipment Operators within
the Track Sub-department, who have been assigned their operators'
positions under the provisions of Rule 27, the right to perform the
work of their assigned positions in constructing sub-grade for the
purpose of eliminating curves and cross-cutting grades on their assigned territory between Mileposts 392.65 and 395.80.
(2) The Carrier further violated the Agreement when it failed
to advertise for .bid newly-created positions within that Sub-department in which Sub-department classifications and rates of pay have
been established by Agreement to perform such work.
(3) Each employe holding seniority in the class of Equipment.
Operators on the Shasta Division be paid at his respective straight
time rate for an equal proportionate share of the total man hours.
consumed by employes of the Morrison-Knudsen Contracting Company, who hold no seniority in the class of Equipment Operators.
within the Agreement between the Southern Pacific Company and the
Brotherhood of Maintenance of Way Employes in performing the
work described in Part (1) of this claim.
OPINION OF BOARD: It is agreed by the parties that this case is
identical in all material respects to Award 14468. Accordingly, we adopted
the Opinion therein as determinative of the issues in this dispute.
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,
Ss approved June 21, 1934 ;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Claim is barred.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th day of May 1966.
:Il,eenan Printing Co., Chicago, Ill. Printed in U. S. A.
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