NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Daniel House, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
LOUISVILLE & NASHVILLE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when it assigned the
work of installing a switch in the Phelps Dodge Spur Track to forces
outside the scope of the Agreement. (System File E-201-18/1-12.)
(2) The Carrier further violated the Agreement when it assigned
the work of unloading five (5) cars of slag at the Phelps Dodge Spur
Track to forces outside the scope of the Agreement.
(3) Track Foreman B. L. Raines, Assistant Foreman Jack White
and Track Laborers James Taylor, B. Barnett, E. Payne, L. C. Darden,
L. Gardner, M. Williams, A. R. Johnson and B. T. Cager each be
allowed twenty-four (24) hours' pay at their respective straight time
rates of pay because of the violation referred to in Part (1) of this
claim and, in addition thereto
(4) Each of the above named claimants be allowed pay at their
respective straight time rates of pay for the same number of hours
worked by outside forces in performing the work referred to in Part
(2) of this claim.
EMPLOYES' STATEMENT OF FACTS: On November 4, 7 and 8, 1966,
the work of installing a switch on the Phelps Dodge Spur, 800 feet south of
the main line, south of Hopkinsville, Kentucky, was performed by employes of
the Carter Construction Company, none of whom hold any seniority rights
under the Agreement. On December 5, 1966, the work of unloading five cars
of slag at the Phelps Dodge Spur was performed by employes of the aforenamed company.
The contractor's forces consisted of one foreman and nine laborers. The
Carrier furnished and delivered all of the necessary materials used in the
performance of said work and provided all of the necessary equipment (trucks,
a locomotive and five cars), and the operators thereof.
In view of the circumstances involved, we see no basis for the
claim and it is therefore respectfully declined.
Yours truly,
Isl W. S. Scholl
Dir. of Personnel"
"LOUISVILLE AND NASHVILLE RAILROAD COMPANY
Office of Director of Personnel
Louisville, Kentucky
February 17, 196,7
E-201-18
Mr. Jack Benson, General Chairman
Brtoherhood of Maintenance of Way Employes
Nashville, Tennessee
Dear Sir:
In our conference on February 15, 1967, we discussed your claim
in favor of Mr. B. L. Raines and others, on account of the Carter Construction Company installing a switch in the Phelps Dodge Spur
Track, Hopkinsville, Kentucky, November 4 through the Sth, a total
of three days, and your claim for December 6 for the same employes,
on account of Carter Construction Company unloading five cars of
slag.
As explained to you in our conference on February 15, it is still
our position that since there are no furloughed employes on the
Evansville Division, all the claimants were working full time in the
ranks claimed, that there is no basis for the claim and it must,
therefore, stand as declined.
Yours truly,
/s/ W. S. Scholl
Dir. of Personnel"
Copy of the effective rules agreement between Carrier and its maintenance
of way employes is on file with the Board and by reference is made a part of
this submission.
OPINION OF BOARD:
The issue in this case is essentially the same as
that decided today in Award 16629, between the same parties. We will decide
it in the same way.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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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 the Agreement was not violated by the Carrier.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 11th day of October 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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