NATIONAL I~ATLROAD ADJUSTMFNI' BOARD

.ward Number 19856

THIRD DIVISION Docket Number MW-19684

Joseph A. Sickles, Referee

(Brotherhood of Maintenance of Way Emploves PARTIES TO DISPUTE: (1. F. Nash and R. C. Haldeman, Trustees of the Property of ( Lehigh Valley Railroad Company, Debror

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

1(a) The Carrier violated the Agreement when it assigned the work of removing lumber storage racks (rails supported by concrete pedestals) at Sayre, Pcnnsylvania to car repairmen.

1(b) The Agreement was further violated when the work of lining the car inspector's building at Sayre, Pennsylvania with plywood, installing doors and other related work was assigned to car repairmen.

2(a) Foreman Russell L. Rudloff, Wolder Roger E, Williams, Carpenter George C. Curtis and Carpenter Helper Milton O. Werkheiser each be allowed 144 hours' pay at their respective straight time rate of pay because. of the violation referred to withi
2(b) Foreman Russell L. Rudloff and Carpenter Gr·ne T. Gabriel each be allowed 152 hours' pay at their respective straight time rates because of the violation referred to within Part 1(b) of this claim.

OPINION OF BOARD: The material facts which initiated this claim are uncontroverted.

The Carrier permitted Car Department employees to: (1) dismantle and remove lumber storage racks at the West end of the lumber shed adjacent to the car repair yards at Sayre, Pennsylvania and; (2) remodel car inspector's building at Sayre, Pennsylvania by lining said building with plyboard, installing doors and other re
Initially, Carrier urges dismissal of the claims, on procedural grounds, because the Organization combined the above claims in its submission to the Board, while they were handled separately on the property, We find no merit in Carrier's argument that cons procedurally, Section 3, First (i), of the Railway Labor Act:

"Such consolidation of like claims in one Submission is to be encouraged. It permits expeditious handling by the Board in that it avoids a multiplicity of cases presenting the same issue." Award 12424(Dorsey)

Award Number 19856 Page 2

Docket Number MW-19684

See also Awards 15147 (Hall), 15221 (Devine), and 15383 (Ives).

While the Scope Rule in question may not specifically detail all of the work which falls within the Agreement, the Board, upon the facts presented, and upon consideration of the record as it was developed on the property, must conclude that the dismantling of the lumber storage racks and remodeling of the car inspector's building - by carmen - constituted an invasion of the Maintenance of Way Employees' warranted.

However, the record does reveal a dispute as to the number of hours required to perform the work in question. Concerning removal of lumber storage racks, Petitioner initially claimed 144 hours each for four claimants. On the property, Carrier replied that the job had required 26k hours, The Organization failed to offer evid job, Petitioner initially claimed 152 hours each for two claimants. On the property, Carrier replied that the job consumed a total of 80 hours. The Organization failed to offe the total man hours involved for removal of lumber storage racks was 26~ hours, and the total man hours involved in the remodeling was 80 hours.

On the basis of the foregoing, we will sustain the claim, as indicated,

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;

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

That the Agreement was violated as indicated in the Opinion.

A W A R D

Claim 1(a) is sustained.

Claim 1(b) is sustained.

Award Number 19856 Page 3

Docket Number MW-19684

Claim 2(a) is sustained to the extent of 26~ hours, at straight time pay, to be pro rated between the Claimants.

Claim 2(b) is sustained to the extent of 80 hours at straight time pay to be pro rated between Claimants.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST.odExecutive Secretary

Dated at Chicago, Illinois, this 13th day of July 1973.

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