NATIONAL RAILROAD ADJUSTMENT
BOARD
THIRD DIVISION Docket Number MW-20677
Joseph A. Sickles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when Cabinetmaker H. Boettcher
was assigned to perform carpenter's work outside of the Union Station
(Headhouse) on September 12, 13, 14, 18 and 19, 1972. (Carrier's File
013-293-16).
(2) Carpenter Roy Fox now be allowed forty (40) hours' pay
at the carpenter's rate because of the violation described in part (1)
of this claim.
OPINION OF BOARD: Boettcher, a Cabinetmaker, was assigned to perform
certain carpentry work (building and installing partitions in a Superintendent's office) away fr
Claimant asserts a violation of Rule 2:
"Bridge and Building Carpenter: An employe assigned to
Carpenter work in connection with Construction, maintenance and dismantling of bridges, buildings, m
of asbestos or composite materials (except corrugated
siding and roofing), roll roofing and cold asphalt coatings, shall constitute a Bridge and Building
(a) Bridge and Building Carpenters assigned to layout
work from blue prints or on instructions from supervisory
authority will receive a differential of 64; per hour while
so engaged.
Bridge and Building Cabinetmaker: A highly skilled employe assigned to Cabinetmaker work;
general Headhouse maintenance, (not conflicting with work
classification of Shop Craft employes in the Bridge and
Building Department) under jurisdiction of Bridge and
Building Department shall constitute a Bridge and Building
Cabinetmaker."
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Award Number 20659 Page 2
Docket Number MW-20677
Although Claimant seems to concede that a Cabinetmaker may
perform cabinet work at locations away from the Headhouse, he states
that general carpenter work, away from the Headhouse, is only properly
performed by B&B carpenters.
The Organization noted that a semi-colon follows the words
"Cabinetmaker work" in the above cited Riles Provision. Hence, it argues,
carpenter work is considered in the same manner as general maintenance,
i.e., restricted to the Headhouse. Carrier argues that no rule of grammatical construction requires
We have studied the applicable Rule at length, but we are unable
to conclude that it conveys the rigid restriction placed upon it by Claimant. To be sure, the semi-c
state that carpenter work may only be performed at the Headhouse. At best,
we could presume that the language is susceptible of conflicting interpretation - in which event, pe
would be required in order to sustain the claim. We will dismiss the claim
for failure of proof.
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 for failure of proof.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOAR
By Order of Third Division
ATTEST;_4·
!Executive Secretary
Dated at Chicago, Illinois, this 21st day of March 1975.