STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: During the period from June 7, 1965 to and including June 30, 1965 Assistant Extra Gang Foreman Pietro Sparano performed the customary and traditional work of an extra gang foreman when he directed the activities of the operator of Spot Tamper PB-3 and various other employes in performing the work of raising (surfacing) track at various locations between Poultney, Vermont and Salem, New York and, in addition thereto, made various reports relating to said work.
During the above specified period, the claimant was not working with or under the supervision of a foreman.
For this service, the claimant was compensated at the assistant extra gang foreman's rate of pay.
The issue involved in the instant case is identical to the issue involved in the dispute adjudicated by this Division in Award 12971. Although the Carrier agreed to settle twenty-eight (28) similar claims on the basis of the decision of this Division in Award 12971, it would not agree to a similar settlement with respect to the instant claim.
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 November 15, 1943, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
CARRIER'S STATEMENT OF FACTS: This is a companion claim to Case No. 10.65 MW, involving the same claimant and the same gang. Claim in Case No. 10.65 has been lodged in favor of claimant Sparano covering the period from May 3 through June 4, 1965, while the present dispute covers the same claimant for the period June 7 through June 30, 1965.
During the period June 7 through June 30, 1965, claimant Sparano was assigned as an Assistant Extra Gang Foreman under the supervision of Extra Gang Foreman John Pellegrino. Both of these men were assigned to Extra Gang No. 226 with headquarters at Fair Haven, Vermont. During the period of time covered by the claim, Assistant Extra Gang Foreman Sparano was assigned by Foreman Pellegrino to work with certain members of Extra Gang No. 226 in utilizing a spot tamper (PB-3) in maintaining the track structure between Poultney, Vermont, and Salem, New York, points within the assigned limits of responsibility of Extra Gang No. 226.
OPINION OF BOARD: The fundamental issues involved in this case are the same as those considered in our Award No. 16039, which arose out of a similar dispute between these parties under the same Agreement. Accordingly, we find Award No. 16039 controlling in this case, despite variations in dates, names and locations, which do not warrant repetitive discussion.
FINDINGS: The Third Division of the Adjustment Board, 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