NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25201
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned car Department
employes to prepare and clean window frames for installation of new window panes
at the Raceland Shops on February 8, 1982 (System File C-TC-1338/MG-3467).
(2) Because of the aforesaid violation each member of B&B Force 1407
employed on February 8, 1982 shall each be allowed an equal proportionate share of
the sixteen (16) man-hours expended by Car Department employes in performing the
work referred to in Part (1) hereof.
OPINION OF BOARD: This is a pay claim filed by the organization on February 17,
1982. The claim alleges that work belonging to B&B Force
1407 was performed by Car Shop employees at the paint shop in the Car Shops,
Raceland, Kentucky on February 8, 1982. The claim alleges that the Car Shop
employees worked for sixteen (16) hours ·breaking out glass and cleaning frames
at the paint shop from 7:00 am to 3:30 pm" on the day in question.
It is the responsibility of the organization, as moving party in the
instant dispute, to show cause that the work performed by the Carmen belongs to
B&B Forces. There is no dispute on the property that both the preparation for
window installation and the installation of windows themselves at the Raceland
Shop is work, by past practice which falls under the Scope of the current Agreement
of B&B Forces. Resolution of the instant dispute centers, however, on whether
the work the Carmen actually performed on February 8, 1982 could be classified
as ·preparation for window installation". The position of the Carrier is that
'there is no evidence that the window frames have been cleaned. The Car Shop
personnel felt the broken glass remaining in the window frames presented a
safety hazard and assigned (only) the removal of glass to two Carmen, not (the)
cleaning of window frames (to the same Carmen).* The Claimants appear to basically
agree with this position. In his letter to the Carrier dated April 26, 1982
the Local Chairman of the Organization states that "we feel _if it was necessary
to remove all glass from the windows for (s)afety reasons or otherwise the work
still comes under the MofW Agreement... · (emphasis added). The Board can find
nothing in the record with respect to the current Agreement, or past practice,
which does not allow the Carrier to use Carmen forces to have glass removed
from windows on this property for safety reasons. Nor was it ever disputed on
property by the organization that the Carrier assigned the Carmen to remove the
glass for safety reasons. The record does not support that the Carrier assigned
the Carmen, in the instant case, to do anything else. A search of the record
fails to produce evidence that the Carmen cleaned the window frames in question
or prepared them in any other way for the installation of new glass. For lack
of substantial evidence the instant claim must be denied.
Award Number 25181
Locket Number MW-25201 Page 2
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
2hat the Agreement was not violated.
A W A R D
Claim denied.
NATIOMIL RAILROAD ADJUSTMENT BQARD
By Order of Third Division
Attest:
Nancy Zp01;r - Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1984.