NATIONAL RAILRQt1D ADJUSTMENT BOARD
THIRD DIVISION Lbcket Number MW-25500
Frances Penn, Referee
(Brotherhood of maintenance of way Employes
PARTIES TO DISPUTE:
(Peoria and Pekin Union Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when, on September 28,29, 30 and
October 1, 1982, a Track Sub-department employe was assigned and used to
perform Bridge and Building Sub-department work at Peoria, Illinois (System
File PPUT34981M 59-82).
(2) Because of the aforesaid violation, furloughed B&B Mechanic R. R.
Flores shall be allowed thirty-two (32) hours of pay.
OPINION OF BOARD: This dispute involves the Carrier's use of a Track Sub
department t3nploye to tear down a roundhouse in Peoria,
Illinois. The Organization claims that under Rule 39(b) of the Agreement this
work is reserved to Bridge and Building Sub-department employes. Rule 39(b)
reads:
"(b) An employee who is skilled in and assigned to construction,
repair, painting, maintenance or dismantling of buildings, bridges or
other structures, including the building of concrete forms, erecting
false cork, etc., or who is assigned to miscellaneous mechanic's work
of this nature, shall constitute a bridge and building mechanic."
The Carrier maintains that the work in question was not B&B work
because the roundhouse was not "dismantled". According to the Carrier, because
of the deteriorated condition of the building, it was "torn down". A crane was
used to collapse the walls. The Carrier chose an Employe who holds seniority
as a Machine operator for the work, because a machine was used. The Carrier
argues that the work was not skilled construction or dismantling work which
must be performed by B&B hfiployes.
The Board finds nothing in the record which substantiates the
Carrier's claim that B&B Employes were not entitled to the work under the
Agreement. The distinction the Carrier makes between "tearing down" and
"dismantling" is contradicted by the ordinary dictionary definitions of the
word "dismantle". Webster's Deluxe Unabridged Dictionary, Second Edition,
defines "dismantle" as "to take apart or tear down". The inaccuracy of this
alleged distinction was addressed specifically in a prior award, Award 54-PLB
1844 which stated:
Award Number 25565 Page 2
Docket Number MW-25500
"At bottom line the answer to the central question turns upon whether
the words I...a11 work in connection with the... dismantling of
structure encompasses the tearing down and hauling away of the old
roundhouse. Giving those words of description their plain and
ordinary meaning, we must conclude that they do clearly and
unambiguously cover the work in dispute. Reinforcement for this
conclusion is found in the clear language of Rule 3 Classification.'
The Board concurs with the reasoning expressed in this Award as it is
applicable to this dispute. The Board finds that the Agreement was violated.
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Imp
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 26th day of July 1985.
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