STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: On March 29 and 30, 1965, the Carrier assigned or otherwise permitted other than Bridge and Building Department employes (contractor's employes) to perform the work of extending a culvert which had previously been placed under the main line tracks at Mile C-258. This work consisted of shifting enough of the embankment to permit the placing of the extension pipe at the proper slope so as to conform with the original culvert and fasten it thereto. The existing culvert was installed by the Carrier's B&B forces.
Claimant B. R. Tallent is the senior cut-off employe who holds seniority within the B&B Subdepartment, who was willing, fully qualified and available to have performed this work which has been traditionally and historically assigned to the B&B employes. The Carrier had sufficient and proper equipment available to perform this work.
Claim was timely and properly presented and handled by the Employes at all stages of appeal up to and including the Carrier's highest appellate officer.
The Agreement in effect between the two parties to this dispute dated May 1, 1960, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
Your letter of September 10, file 1-5, relative to claim that B. R. Tallent be paid for an equal amount of overtime made by the contractor's forces when such forces built an extension on the waterway culvert under the main line track on Mile C-258.
As explained to you in the conference on November 17, we do not have a piece of equipment with the capacity to perform the work which was necessary at this location. We do have a front end loader which can handle loose material but it does not have the capacity to do excavation work as was required on the job. Furthermore, there is not a qualified operator in the B&B Department on the K&A Division who can operate the front end loader.
Nothing further was heard about the matter until carrier received copy of the organization's letter to you under date of June 3 that it intended to file an ex parts submission in the dispute.
There is on file with this Division a copy of the current rules agreement and it, by reference, is made a part of this submission.
Third Division which have resolved issues between these same Parties quite analogous to those presented in the present Claim, namely, 15734, 15597, 15054, 15011, and 14967-all of which were denial decisions.
The cases cited supra are not substantially different to the case at hand, and we do not believe the respective decisions rendered in these cases were palpably erroneous.
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: