NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25856
Robert W. McAllister, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE: (
(The Chesapeake and Ohio Railway Company (Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when it assigned Boilermakers
to attach heater brackets to the superstructure at Huntington Shops on March
2, 1983 (System File C-TC-1718/MG-4016).
2. Because of the aforesaid violation, Messrs. C. R. Stratton, W. W.
Smith, H. Clay, I. Wiley, K. D. Brown, S. Byrd, D. L. Farnsworth and C. Hanshaw shall each be allowe
performing the work referred to in Part (1) hereof."
OPINION OF BOARD: On March 2, 1983, the Carrier assigned Boilermakers to
attach heater brackets to the superstructure in the Hun
tington Shops, Huntington, West Virginia. The Organization charges the work
involved has customarily and historically been assigned to and performed by
the Carrier's Bridge and Structure Group forces. The Organization also
contends that attaching heater brackets to the structural steel columns in the
shop buildings is work reserved to the Bridge and Structure Group forces under
Rule 66(c), which in pertinent part states:
"In carrying out the principles of paragraph (a),
bridge and structure forces will perform the work
to which they are entitled under the rules of this
agreement in connection with the construction,
maintenance, and/or removal of bridges, tunnels,
culverts, piers, wharves, turntables, scales,
platforms, walks, right of way fences, signs and
similar buildings or structures . . . .
The Carrier, in responding to the initial Claim explained that the
two boilermakers attached a clamping device to the building structure without
holes being burned or drilled and consumed one man hour. Upon notification,
the Boilermakers submitted an intervening statement claiming the disputed work
is exclusively reserved to them.
This Board finds no probative evidence of record to support the
Organization's claim that the work in question is covered by the specific
terms of the controlling Agreement. We fully endorse the findings of Third
Division Award 25652 involving the same parties, which in pertinent part held:
Award Number 26553 Page 2
Docket Number MW-25856
"Installation of brackets, involving as it did here
the drilling of holes in and affixing of brackets
to structural columns, does not in any manner
constitute the construction, maintenance or removal
of a structure."
Given the unrebutted fact that the disputed work herein did not even
require the drilling of holes, this Board must deny the Claim.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon the
whole record and all the evidence, finds and holds:
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 not violated.
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 30th day of September 1987.