NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20675
Francis X. Quinn, 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 Carrier violated the Agreement when it assigned the
work of tuck pointing the record building at 12th and Canal Streets, Chicago, Illinois to outside fo
(2) The Carrier further violated the Agreement when it did not
give the General Chairman prior written notification of its plan to assign
said tuck pointing work to outside forces.
(3) B&B Foreman R. J. Harris, Mason A. H. Hoppenstedt, Carpenters F. Jones, H. :antu, Carpenter
Briggs and J. Miller each be allowed pay at their respective straight-time
rates for an equal proportionate share of six hundred ninety-six (696) manhours expended by outside
OPINION OF BOARD: The record demonstrates that tuck-pointing is not custo
marily performed by Carrier employes and Petitioner has
failed in its burden of proof by not contending that such work was ever done
by claimants, let alone customarily performed by them. Therefore we must
deny the claim.
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 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 29th day of August 1975.