NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISIa1 Docket Number MW-26108
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard System Railroad
STATEMENT OF CLAIM: "Claim of the System Ocmnittee of the Brotherhood that:
1. The Carrier violated the Agreement when it used Mechanical Department forces instead of Bridg
office space at Uceta Yard, Tampa, Florida, during June, 1980 [System File
C-4(36)-Tampa Div.-8/12-1 (81-11)G].
2. Because of the aforesaid violation, each Group A and G B&B employe holding an assignment
claim period be allowed pay at their respective straight-time rates for an
equal proportionate share of the total number of man-hours expended by Mechanical Department forces
OPINION OF BOARD: The organization claims that Carrier violated the Agreement
when it used its Mechanical Department forces instead of
Bridge and Building Department forces to perform certain work at the Uceta
Yard, Tampa, Florida.
The work consisted of the conversion of a forty foot highway trailer
into office space. This involved replacing the trailer doors with a wall,
cutting holes for windows and doors and installation of same, installation of
one ventilating fan in the wall and two in the roof, wiring of the trailer,
and placement of paneling and partitions.
Rule 1, The Scope Rule, provides:
"These rules cover the hours of service, wages and
working conditions for all employees of the Maintenance of Way and Structures Department as listed
by Subdepartments in Rule 5 - Seniority Groups and
Ranks, and other employees who may subsequently be
employed in said Department, represented by Brotherhood of Maintenance of Way Employees."
The Claim as filed is said to be on behalf of each Group A and G
e &
B employes holding an assignment on the Jacksonville and Tampa Divisions
during the claim period.
Award Number 26208 Page 2
Docket Number MW-26108
Carrier contends that in the past this and similar work has been done
by Carmen and by other Mechanical Department forces as well as by maintenance
of way anployes. Carrier contends it has had a diverse practice of performing
work of this nature for many years on the Tampa Division at certain locations
including the Uceta Yard.
Carrier also attacks the Claim as being vague and uncertain and asserts no proper Claim is befor
As third party in interest, the Brotherhood Railway Carmen of the
United States and Canada was advised of the pendency of this case, but chose
not to file a Submission with the Division.
The Scope Rule involved in this Claim is general in nature and this
Claim is one of a series of recent Claims regarding its meaning or application. Award 25090 states:<
"This Board has carefully reviewed the record of
this case and the many citations submitted by both
sides in support of their respective positions.
The results of that review reveals that Carrier is
correct that both B & B Department personnel and
Mechanic Department personnel have performed the
disputed work at various times and various locations on the property. It also reveals that the
Scope Rule involved here is general in nature and
does not specify that the disputed work belongs
only to the B & B Department employes. "
Awards 23852 and 24028, involving the parties, noted the Scope Rule
is general in nature.
We believe the language of Award 25090 quoted above is equally applicable to this 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 Ehiployes involved in this dispute are
respectively Carrier and E7nployes 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.
Award Number 26208 Page 3
Docket Number MW-26108
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 15th day of January 1987.