BROTHERHOOD OF NAINTEMANCE OF WAY EMPLOYES

vs

BOARD OF'TRUSTEES OF THE GALVESTON WHARVES


        STATEMENT OF CLAIM:


            1. The Carrier violated the effective Agreement on August -

                · 3,4,5,8 and. 9, 1966 by assigning or otherwise permitting the Bane Pipe Works to operate it's own truck crane with it's own operator on P-14· at Galveston Wharves in the performance of certain work of unloading dredging pipe from trucks and loading same on a barge.


                2. Hoist Operator James Kolenovsky be now compensated. for 8 hours pay at his respective rate on each of the dates referred. to in part 1 of this claim.


        OPINION OF BOARD:

            On the claim dates Hane Pipe Works loaded, pipe owned by them -

        from their own truck to a barge at Carrier's Pier 14·, using a truck

        orane, owned and, operated. by Kane Pipe Works and. manned. by Kane's

        employees. The contention in the claim is that the subject work is

. reserved, to employees covered. by the parties' Agreement and, that
        claimant hoist operator therefore was improperly deprived. of work.

            The Scope Rule of the Agreement reads: .,


                      The rules contained. herein shall govern the

                hours of service, working conditions and. rates

                ' of pay of employes classed as operators and, helpers

                on locomotive hoists that are mounted. on railway

                trucks and running on railway tracks when used. for

                handling commodities handled or controlled by Gal

                veston Wharves.

        The subject pipe was handled. by the owner, who controlled, it. Since this pipe was neither-handled. nor controlled. by the Carrier, the confronting claim is without Agreement support.

Pea IL48

 AWARD
Claim denied.

 O. Z. Selig,

 Dated: April/'/. 1968

 `2 oy Ii. Bailer, Neutral Member

 a r ,.
 Member A. J". ~ unnir_gha~mploye Member