Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30407
Docket No. MW-29617
94-3-90-3-601
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr., when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake
( and Ohio Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the Carrier
assigned Shop Craft laborers instead of B&B
forces to perform painting preparation work
(cleaning and scraping) on the floors at the
Huntington Shops on September 23, 1989 [System
File C-TC-4700/12(90-83) COS].
(2) As a consequence of the aforesaid violation,
B&B employes J. Slone, J. Comer, R. Adkins, H.
Cobb, I. Wiley, C. Thompson, P. Burns, M. Dial
and J. Leonard shall each be allowed pay at
their respective rates for an equal
proportionate share of the twenty-five (25)
man-hours expended by the Shop Craft laborers
performing the work in Part (1) above."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee within the
meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Form 1 Award
No.
30407
Page 2 Docket
No.
MW-29617
94-3-90-3-601
As a Third Party at interest, the International Brotherhood of
Firemen and oilers was notified of this dispute and filed a
Submission with the Board.
The occasion giving rise to the Claim is aptly summarized by
the organization as follows:
"On September 23, 1989, the Carrier assigned B&B forces
to paint the floor at Track
No. 4
within the Huntington
Shops, Huntington, West Virginia. However, before the
B&B forces could properly apply the paint to the floor,
it was necessary that the floor be cleaned of all foreign
matter to enable the paint to adhere to the floor.
Instead of assigning and using the Claimants or other B&B
forces to clean and prepare the floor, at Track
No. 4,
for painting by its B&B forces, the Carrier assigned
fireman and oiler forces . . . to perform such work with
the aid of a floor grinder."
It is fully accepted that B&B forces were properly assigned to
the painting work. The organization argues that preparing the
surface is an integral part of the painting procedure and thus
should have been assigned to B&B employees. In support of its
position, the organization points to Appendix H of the Southern
Region Agreement, Book 7, which states in pertinent part as
follows:
"The Maintenance of way painters will paint all
buildings, and portions of same, such as floors, . . . ."
Both the Carrier and the International Brotherhood of Firemen
and Oilers contend that Fireman and oiler forces regularly use the
floor grinder, whether in the course of regular cleaning work or,
as in this instance, prior to painting. The Carrier also notes
that Appendix H makes no specific reference to floor scraping.
The Board concludes that the Organization failed to
demonstrate that the work in question is reserved to B&B forces at
Huntington or that, as a matter of established practice, B&B forces
have been assigned use of the floor grinder. Under these
circumstances, there is no basis to determine that the work was
improperly assigned.
AWARD
Claim denied.
Form 1 Award No. 30407
Page 3 Docket No. MW-29617
94-3-90-3-601
O R D E R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 8th day of August 1994.