NATIONAL RAILROAD
ADJUSTMENT
BOARD
THIRD DIVISION Docket Number MW-20713
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The Agreement was violated when other than B&B forces
were used to construct and to paint a bench for use at the roundhouse
at Livingston, Montana (System File B-RM-l06c/Mw-84(c)-3 4-3-73).
(2) Second Class Carpenter Bill Garcia be allowed 8 hours
pay at his straight time rate and First Class Painter Ronnie Nebeker be
allowed one hour of pay at his straight time rate because of the aforesaid violation.
OPINION OF BOARD: Carrier assigned a carman to build and paint a bench
for use in the roundhouse at Livingston, Montana.
The Maintenance of Way Organization contends that the work, by Agreement
and practice on the former NP Railroad, belongs to employees represented
by it. The Brotherhood of Railway Carmen has filed a submission which
takes the position that the practice has been to have benches to be used
by employees of their craft constructed, repaired, or painted by them.
They recognize that a bench to be used by another facility would not be
properly assigned to them.
The record supports the contention made by the Carmen. For
example, there is evidence that prior to the merger Carmen built benches
and did other carpentry in connection with facilities for their own shop.
The Rules applicable to each craft are consistent with the practice.
The Board finds that employees of the Carmen craft have customarily performed the work in questi
with that practice. The claim is denied.
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;
Award Number 20756 Page 2
Docket Number MW-20713
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 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 18th day of July. 1975.