THIRD DIVISION
(Supplemental)
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
NORTHERN PACIFIC RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned other than Bridge and Building employes to perform crossing installation and extension work at or near Seattle and Woodinville, Washington.
EMPLOYES' STATEMENT OF FACTS: On September 3, 1963, the work of installing a wooden plank highway crossing, approximately thirty-two feet in length, at 26th Avenue Southwest and Iowa Street in West Seattle, Washington was assigned to and performed by Track Department employes.
On October 3, 1963, the work of installing an extension, approximately eighteen feet in length, at each end of an existing wooden plank highway crossing located near Woodinville, Washington was assigned to and performed by Track Department employes.
On November 11, 1963, the work of installing a wooden plank highway crossing at Shilshole Avenue in Seattle, Washington was assigned to and performed by Track Department employes.
The work consisted of hauling the necessary tools and material to the crossing locations, of placing wooden shim material at the proper height and
employes, consisting of four sectionmen and one truck driver, constructed a wood plank crossing in Shilshole Avenue in Seattle, consuming a total of twenty-seven hours in performing this work.
Claim has been presented in behalf of B&B Foreman T. A. McLauchlan, First Class Carpenters John Alvic, Bert Goodman, L. L. Kelsey and Fred Schmall and Truck Driver J. D. Etris, Tacoma Division, for payment of eight hours each at straight time rate on November 11, 1963 account Track Department employes installing the wooden plank crossing in Shilshole Avenue in Seattle. Attached as Carrier's Exhibit F are copies of the correspondence exchanged between the Employes and the Chief of Labor Relations in connection with this claim. The claim of the six B&B Department employes has been declined.
The Agreement governing hours of service and working conditions of employes in the Maintenance of Way Department (Bridge and Building Subdepartment, Track Subdepartment and Machine Subdepartment) are governed by the Agreement effective December 1, 1962, which is on file with this Division, and by this reference is hereby made a part of this dispute.
Effective December 1, 1962, a letter agreement was entered into between the Carrier and the Brotherhood of Way Employes allocating the work of removing and installing highway crossings on the North District of the Tacoma Division between B&B Department employes and Track Department employes. Attached as Carrier's Exhibit G is copy of the letter agreement entered into effective December 1, 1962.
The crossings involved in this dispute are located on the North District of the Tacoma Division.
OPINION OF BOARD: It is the contention of the Claimants that the work of installing wooden plank highway crossings at certain locations, set forth in the submission, was assigned to and performed by Track Department employes when the work of installing highway crossings was reserved exclusively to Bridge and Building Department employes under the Agreement rules; that, in a conference covering negotiation of the Agreement, effective December 1, 1962, it was agreed that the removal and installation of highway crossings would be assigned to B&B Department employes; that there can be no dispute but that the crossings in question were public highway crossings.
Carrier, to the contrary, maintains that all of the crossings involved were private road crossingx and wood plank crossings were installed there by Track Department employes pursuant in each instance to a "Private Road Crossing Permit"; that the Agreement between the parties, referred to in the preceding paragraph, provides that the installation of such private road crossings will be assigned to Track Department employes.
No evidence was offered as to prior practice on the property and, other than a mere assertion, no proof was offered that these were public highway crossings.