CHICAGO, ROCK ISLAND AND PACIFIC
RAILROAD COMPANY
6. The' grievance procedures followed and progression of the instant dispute were timely and in accordance with the applicable rules in effect on this property and the Railway Labor Act, as amended.
OPINION OR 130ARD: Organization contends that Mechanical Department forces cleaned the company right-of-way between the west fueling station and Mueller elevator. This work involved trimming trees, piling brush, picking up weeds and debris, piling same and burning it, and also burning the weeds and grass on the right-of-way. Organization says the work was done on April S, 1966 and involved a total of nine hours work.
The Employes further contend that the section men assigned to Section No. 334 at Goodiand, Kansas were available and could have performed the work assigned to the Mechanical forces. These duties, they allege, have always been performed by Maintenance of Way forces within the Maintenance of Way Agreement.
The Organization argues that Carrier has never successfully challenged the Organization's statement that trimming trees, brush, picking weeds and burning right-of-way has always been done by Maintenance of Way Agreement.
Carrier argues that the Mechanical forces are to keep clean and in a safe condition the area surrounding the fueling station and submits that this is a Mechanical Department facility not a Maintenance of Way facility. The Organization asserts that the work done was in the right-of-way where no buildings, structures, or cranes arc located. We find the record inconclusive on the paint.
Looking at the case as a whole, we find that the Employes have mado a convincing argument that work such as trimming trees, brush, picking weeds and burning right-of-way belongs to Maintenance of Way employes. The contention of Carrier that Mechanical forces had put part of the debris where the work was performed was never explained nor did the Carrier ever show that the debris was unrelated to the labor done on the trees, brash and weeds-work that we find irelongs to Maintenance of Way employes.
Carrier indicates that the disputed work took eight hour's and since it should have been assigned to the Maintenance of Way rather than Mechanical forces, we therefore award the foremen and section men assigned to Section 334 at Goodland, Kansas eight hours at their respective pro rata rate of pay, said hours to be divided equally among them.
The American Railway Supervisors Association, the International Association of Machinists and Aerospace Workers and International Brotherhood of Electrical Workers were served a Third Party notice but disclaimed any right to the involved work.
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;