NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25454
Herbert L. Marx, Jr., 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 B&B Mechanic J. Conley was not
used to transport and install a sign on the East Approach of the Eads Bridge
on September 16, 1982, and the Carrier instead used General Foreman J. Bess
to perform such trork (System File TRRA 1982-16).
(2) B&B Mechanic J. Conley shall be allowed one (1) hour of pay at
his straight time rate because of the violation referred to in Part (1) hereof."
OPINION OF BOARD: There is no dispute that a General Foreman transported
and installed a sign on the East Approach of the Eads
Bridge on September 16, 1982, while Bzidge and Building Department employees
were engaged in general
maintenance work
on the Bridge. The organization
refers to Rule 2, CLASSIFICATION, which encompasses construction and maintenance
of bridges. The Organization claims that the work performed by the General
Foreman is that ·customarily, historically and traditionally" performed by
Bridge and Building Department Employees.
The Carrier argues that Rule 2 makes no specific reference to the
type of work involved here and states further that the Organization has failed
to show that such work is performed exclusively by Bridge and Building Department
employees. Such, however, is not required in this instance, since it is
readily shown that the work falls outside the tasks permissibly performed by
a General Foreman. Since there is no showing that transporting and installing
a sign on a bridge is inappropriate to Bridge and Building Department employees,
the Claim is a valid one.
The Carrier would give importance to the fact that the task involved
a few minutes. This, however, does not make it less of a rule violation. The
minimal remedy sought by the organization is appropriate.
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 25469 Page 2
Locket Number MW-25454
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 violated.
A
W
A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ver - Executive Secretary
Dated at Chicago, Illinois this 23rd day of May 1985.