PUBLIC LAW BOARD N0.
249
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
vs.
· NORE'OLK AND WESTERN RAILUIAY C0.
STATEMENT OF CLAIM: . ..
1. The Carrier violated the effective working Agreement
when they
failed to
call the B&B Gang No.
6
of Adena, Ohio, to assist section men to clean cars at
Franklin Mine, New Athens, Ohio, on Friday, February
24, 1967,
but used Franklin
Coal Miners to perform this work.
2.
The B&B Gang No. 6 of Adena, Ohio, namely, Foreman J. P. Piccin, Leading
Mechanic, Joseph Slaga, First Class Carpenters, Peter Cieresewski, Louis Katona,
and 6-Tayne Hoskinson, Second Class Carpenters, Albert Fiutem, Stanley Burinski,
Joe Ragits, and John Panepuccu and Carpenter Helpers, Robert Sliva and Willard
Nichols, be reimbursed for earnings they would have received had they been called
to perform car cleaning work on Friday, February
24, 1967,
from
4:30
PM to 11:00 Rd
at time and one half, according to their respective rates of pay.
OPINION OF BOARD:
The contention in this claim is that Carrier violated the Agreement scope rule,
as established by past practice, by failing to call the subject B&B gang to assist
section men in cleaning cars at Franklin Mine (New Athens, Ohio) on the claim date
and allowing the mines employees to provide this assistance.. While B&B employees
have performed this work in the past, the record does not show a consistent, longestablished practice whereby B&B employees have performed such work to the exclusion
of mine employees. The fact that certain B&B personnel were once disciplined for
refusal to perform the same type of work at a nearby industry location does not prove
a contract right to the work. It merely proves that insubordination is an offense
which makes an employee liable to discipline. It is not uncommon for employees to
be assigned duties not exclusively theirs. The imposition of discipline for refusal
to perform such an assignment does not create a contractual work jurisdiction which
the employees did not previously enjoy.
AWARD:
Clain denied.
-~.,~c 4%
a
E. G. Psolla, Carrier Member A. J. Cunningham,iEmploye~Member
.. JDated: July
13, 1971 ,