Docket No. MW-14336
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Daniel House, 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, on various dates in
January,
1962
and February 1,
2
and
6, 1962,
it assigned the work of
repairing and maintaining the heating facilities in the passenger station and freight house at Aberdeen, South Dakota to outside contractors.
2. The Carrier further violated the Agreement when, on February
20, 21, 23, and March 1,
2, 5, 19
and
22, 1962,
it assigned the work of
repairing and maintaining the heating facilities in the passenger
station and freight house at Aberdeen, South Dakota to outside
contractors.
3.
B&B Foreman Russell Blake and all other B&B employes
holding seniority on the Aberdeen Division each be allowed pay at
their respective straight time rates for an equal proportionate share
of the two hundred
thirty-eight (238)
man hours because of the violation referred to in Part (1) of this claim.
4.
B&B Foreman V. L. Blake now be allowed fifty-six
(56)
hours' pay at his straight time rate because of the violation referred
to in Part
(2)
of this claim.
EMPLOYES' STATEMENT OF FACTS: Prior to December,
1954,
the
Carrier heated all of its buildings at Aberdeen, South Dakota with steam furnished from four hand-fired coal burning boilers located in its powerhouse.
Said steam was distributed to the various buildings through underground
piping. During this period, the construction, repair and maintenance of all
such heating facilities, except those within the passenger gtation and freight
house, was assigned to the Carrier's Mechanical Department pipefitters. The
Carrier's B&B forces were exclusively assigned to perform all work in connection with the construction, repair and maintenance of the heating facilities
within the passenger station and freight house.
ment either by schedule rule or past practice, therefore, there occurred no
violation of the Maintenance of Way Agreement when the work here involved
was contracted.
Claimant Russell Blake was fully employed and under pay during the
entire period here involved, therefore, there were no lost earnings on his part.
At no time during the handling of Claim No. 2 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 Claim No. 2.
There is attached hereto as Carrier's Exhibit B copy of letter written by
Mr. Amour to Mr. James under date of September 10, 1962.
(Exhibits not reproduced.)
OPINION OF BOARD:
This case involves the contracting out of work of
repairing and maintaining heating facilities in the passenger station and
freight house at Aberdeen, South Dakota, at various times in January, February and March, 1962. In order to get the case off the ground, Employes must
prove that the involved work was reserved exclusively to them under the terms
of the Agreement. Evidence adequate to support this conclusion is not in the
record.
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, 1994;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 21st day of December 1967.
Keenan Printing
Co., Chicago, Ill. Printed in U.S.A.
16026 4