NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Bill Ifeakett, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when it assigned or
otherwise permitted outside forces to perform the work of installing bituminous concrete (blacktop) on station platforms at Ontarioville, Roselle, Itasca and Wooddale, Illinois.
(2) Each of the following named B&B employes be allowed
pay at their straight time rates for an equal proportionate share
of the total man-hours consumed by the contractor's forces in performing the work referred to in Part (1) of this claim.
William L. Couch A. R. Sieverding
J. E. Boardman E. C. Sowder
M. M. Lauterborn F. W. Sowder
E. J. Leonard Harry Webber
G. J. Schmaling J. D. Smith
J. R. Post E. E. Thayer
J. C. Reilly J. E. Seidel
A. A. Calvert V. C. Gibson
J. L. Meyer R. S. Hunter
L. A. Couch J. L. Klein
EMPLOYES' STATEMENT OF FACTS: On November 25 and 28,
1961, bituminous concrete (blacktop) was applied to two (2) station platforms at Ontarioville, Illinois, which were ten (10) feet wide and one hundred
thirty (130) feet long.
On November 25, 1961, bituminous concrete (blacktop) was applied to
two (2) station platforms at Roselle, Illinois, which were ten (10) feet wide
and three hundred five (305) feet long.
2. All of the claims, except R. S. Hunter, who was absent
on sick leave and is not, therefore, a proper claimant in
any event, were regularly assigned and working on
each of the dates on which contractor forces performed
the work with which we are here concerned with the
exception of November 25, 1961, which was a Saturday
and on which date the claimants did not work. It was
account weather conditions and previous commitments
that the contractor found it necessary to work on November 25, 1961.
It is significant also that at no time during the handling of the instant
claim on the property did the employes cite any schedule rules or agreements
or in any other way furnish a basis for and in support of the instant claim.
There is attached hereto as Carrier's Exhibit A copy of letter written
by Mr. S. W. Amour, Assistant to Vice President, to Mr. J. G. James, General Chairman, under date of July 11, 1962.
(Exhibits not reproduced.)
OPINION OF BOARD:
The question here is whether or not the Carrier
violated the Agreement when it contracted out the installation of bituminous concrete (blacktop) on station platforms instead of using its B&B
forces, they being the Claimants herein.
Two similar disputes, under this same Agreement, and involving the
same parties, were considered by the Board in Awards 15539 (McGovern) and
15608 (Lynch). In both Award, the claims were denied.
It is well established that prior decisions affecting the same parties
and Agreement will be followed in subsequent awards where the issues are
identical unless such prior decisions are palpably wrong. We find no substantial error in Awards 15539 and 15608, and must find the principle of
stare decisis applicable here, thereby denying the claims.
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,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That Carrier did not violate the Agreement.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of THIRD DIVISION
Dated at Chicago, Illinois, this 27th day of October 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A
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