(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The Carrier violated the Agreement when it assigned and used carpenters to perform steel bridgemen's work in connection with repairing Bridge 176.36 at West Chazy, New York on October 16, 1969. (System Case No. 7.70 MW)

 (2) Steel Foreman G. H. Rosenberger and Riveters J. D. Dougherty, G. Crispell and E. W. Conway each be allowed eight (8) hours pay at their respective straight time rates because of the violation referred to in Part (1) of this claim.

 OPINION OF BOARD: For the reason that the involved bridge was in a serious
 state of deterioration, it was decided to reinforce the cap by bolting a pair of steel channels to it. These channels were purchased from a Steel company who cut them to size, drilled the necessary bolt holes and delivered them to the bri to the Champlain Division put the channels into place, drove holes in the wooden cap, and installed the necessary bolts to hold the channels in place. The involved work is being cla claim will be denied for the reason that the steel channels were used only to reinforce the deter on either side of the timber cap, drilled holes through the cap, and bolted the channels to the cap. Carrier's Steel Bridge Men were not involved in the construction of the wooden of this structure.

          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;


    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;


:0.~:~'i
                  Award Number 19323 Page 2

                  Docket Numbrr MW-19292


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                      A W A R D


        Claim denied.


                    NATIONAL RAILROAD ADJUSTMENT BOARD

                    By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of June 1972.

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