AATIOANAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION
Francis X. Quinn, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Western Pacific Railroad company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
Claim of the System Committee of the Brotherhood that:
(1) The Agreement vas violated when the Carrier assigned or
otherwise permitted other than B&B forces (carmen) to load and secure for
shipment a channel lock building. (System File D-Case No.
9623).
(2)
Traveling Carpenters J. L. Berry and H. L. Callahan each be
allowed
38
hours of pay at their respective straight-time rates account of
the violation described above.
OPINION OF BOARD: The building involved in this claim vas neither con
structed, repaired, dismantled, maintained nor relo
cated. It vas loaded and secured on railroad flat car for rail shipment.
Petitioner has failed to prove that the involved work vas reserved to the Claimants by the parti
P311DIMS: 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 Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement vas not violated.
Award Number 20869
Docket Number Mil-21024
Claim denied.
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th
NATIONAL RAILROAD AWU8fMI111' HOARD
By Order of Third Division
day of November 1975.