THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it used a B&B carpenter to perform truck driving work on November 3, 5, 6 and 7 and when it used a pipefitter to perform truck driving work on November 4, 1969 instead of calling and using furloughed B&B Helper H. L. Guide (System File D-9-9/MW-2-70).
EMPLOYES' STATEMENT OF FACTS: On February 20, 1969, the Carrier issued Bulletin No. 1 wherein it advertised three (3) positions on B&B Gang 6361, one of which was a position of truck driver. Claimant Guide was the successful applicant for the position of truck driver and was assigned thereto by a bulletin dated March 3, 1969. Copies of the aforsaid bulletins are attached hereto as Employes' Exhibits "A" and "B."
Positions of truck driver within the Maintenance of Way and Structures Department constitute a separate work classification although employes assigned thereto do not establish a separate truck driver's seniority date as such. In this connection we invite attention to Supplement "3" which reads:
(A) Effective February 1, 1941, the parties hereto entered into a working agreement which, with changes therein, is in effect at the present time and may be hereinafter referred to as the General Agreement.
The Agreement in effect between the two parties to this dispute dated January 1, 1969, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
CARRIER'S STATEMENT OF FACTS: On November 1, 1969, the B&B Gang at Grand Junction, Colorado, was composed of a foreman and three B&B carpenters.
The Claimant, Mr. H. L. Guide, has a seniority date of February 26, 1963, as a B&B helper but does not hold any seniority as a carpenter.
There were no positions of either truck driver or helper assigned to this gang during the period covered by this claim.
The truck assigned to this gang was driven by carpenters and/or the foreman when it was in use as an incidental part of their work.
Carrier desires to call your attention to the Statement of Claim submitted to your Honorable Board by the Organization. This Statement of Claim was never presented to the Carrier on the property.
OPINION OF BOARD: For the reasons set out in Award No. 18876 which was presented with this case and in which the same issue is involved we will deny the claim.
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