NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19766
Joseph A. Sickles, Referee
( Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
( Burlington Northern Inc. (Formerly Spokane,
( Portland & Seattle Railway Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Blacksmiths
Ray Rozalski and Norman J. Roupe to dismantle shelves in store department buildings at Vancouver, Washington (System File 348 F/MW-84, 3-31-71).
(2) B&B employes D. Wright, W. Eriksen, G. Ditmer, L. Kramer,
A. West, B. Kincheloe, R. Wells, L. Walker and D. Gonrowski each be allowed
pay at their respective straight time rates for an equal proportionate share
of the total number of man hours consumed by blacksmiths in performing the
aforesaid shelf dismantling work.
OPINION OF BOARD: The claim refers to assignment of non-bargaining unit employees
to dismantle "shelves". Rule
40
reserves to the employees
work required to dismantle "buildings" or bridges.
In its Submission of the dispute to this Board, the Organization
asserts that "...the work in question consisted of dismantling shelves which
were attached to and a part of the Carrier's store department buildings
...."
"(underscoring supplied). The Organization repeated that assertion in its
Reply Brief.
Yet a review of the Record demonstrates that on the property, the
employees never alleged that the shelves in question were attached to, and
part of, the building. That omission is crucial to this Award.
Certainly, shelving may be an integral part of a structure, to the
point that it would be a "fixture" and part of a building, so that dismantling
of the shelves could be considered at least a partial dismantling of a building.
At the same time, we are aware that many buildings contain free-standing shelving which is, in no manner, so attach=d to the structure so as to be considered
as part of the building.
Award Number 20022 Page 2
Docket Number
MW-19766
Any conclusion by this Board as to the nature of the shelving
involved in this case would, of necessity, be speculative.
In order to consider the merits of this dispute we require a more
specific showing of the nature of the shelving, and assertions made initially
before this Board are not sufficient.
For reasons stated above the claim must be dismissed. We do not rule
on other procedural matters raised, nor do we reach any decision on the merits.
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 claim be dismissed.
A W A R D
Claims dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
6/4
By Order of Third Division
ATTEST:
Executive Secrctary
Dated at Chicago, Illinois, this 31st day of October 1973.