NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 19775
Docket Number MW-19511
THIRD DIVISION
Gene T, Ritter, Referee
PARTIES TO DISPUTE:
(Brotherhood of
Maintenance of Way Employee
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when, on January 20, 1970,
it used employee from Section 25 and Track Welder M. Ochoa to perform snow
removal service during overtime hours on the territories assigned respectively
t0 Sections "A", "D" and "G" (System File 393-MW).
(2) Payment at their respective overtime rates be made as follows:
Section "A"
Foreman N. Caputo
Laborer J, Villeaenor
Z. Guerrero
C, C. Calderon
Section "D"
Foreman L. Alcaraz
Laborer N, Guerrero
" B; G, Ocon
" A, Martinez
M. Campos
4 hours
11
3 hours
Section "G"
Foreman P, Rodriguez
Laborer A. Rodriguez
" A. Hernandez
R. Rodriguez
" I. Cano
OPINION OF BOARD: Claimants in this instance are Foremen and members of the
Section Gangs assigned to 3 separate section territories
identified as Sections "A", "D" and "G", On January 20, 1970, Carrier called
and used employee assigned to Section 25 and a Track Welder to perform avow
removal work during overtime hours on the territory assigned to the above set
out Sections. The Organization alleges that there has been a practice of long
standing of assigning snow removal work to the Section Forces assigned to the
Award Number 19775 Page 2
Docket Number MW-19511
Section territory on which the work was required to be performed and that
Carrier was, therefore, obligated to assign this work to Claimants. Carrier
alleges that it has been the practice throughout the history of this Carrier
for Maintenance of Way employees as well as other employees to clean snow and
ice as an incident to their regular or normal work; that all available forces
from all classes have assisted in handling snow removal in the past; that there
is no craft or class of employees on this property having an exclusive right,
either by rule or practice, to snow removal; and that the utilization of the
men required to remove the snow and ice has been the practice on this property
for many years.
The facts in this dispute are identical to the facts contained in
Award
No.
19773. Therefore, this claim will be dismissed for the same reasons
as contained in Award
No.
19773.
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 ate
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 claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 25th day of May, 1973.