PUBLIC LAW BOARD NO. 
249
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
NORFOLK AND WESTERN RAILWAY CO.
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement on August 
23,
September 11, 12, 13, 
1967 
when it used B&B employes to cut and remove brush
between MP 
140-141 
in lieu of regular assigned Track men on Section No. 
9 
at
Brewster, Ohio.
2. 
Section Laborers E. Romig, H. Koenig, J. Fumari, H. Kepler, I. Lopez
and P. Kovatch now be made whole for eight 
(8) 
hours each for August 
23, 3.967,
a total of forty eight 
(48) 
hours.
3. E. Romig and H. Koenig be now made whole for eight 
(8) 
hours at pro
rata rate each for September 
11, 12, 1967, 
a total of thirty-two 
(32) 
hours.
4. E. Romig, H. Koenig, J. Fumari and H. Kepler now be made whole for
eight 
(8) 
hours at pro rata rate for September 13, wages a total of thirty-two
(32) hours.
OPINION OF BOARD:
On the claim dates carrier utilized employees assigned to B&B Gang No. 
3,
Brewster, Ohio, to cut trees and remove brush along Carriers right-of-way
between FiP 140-141. The contention in this claim is that Carrier violated the
Agreement--more specifically Rule 2 (Seniority) and Rule 40(b)--by assigning
B&B employees work which belongs to Track sub-department employees: namely,
Section Gang No. 
9 
at Brewster, Ohio. The claimants are Section Laborers '
assigned to this gang. The hours of pay recnzested correspond with the number
of man-hours e~cpended by B&B employees on the disputed work. Rule 
2(c) 
of the
Agreement provides that the seniority rights of all employees are confined to
the sub-department in which employed. B&B Gangs are in a separate seniority
district from Section Gangs. .
The subject work was of the type customarily performed exclusively by
track forces and reserved to them 
by 
Rule 
40(b) 
of the Agreement. This was
regular right-of-way clearance work and was not of the character which other
types of forces properly may perform as incidental to their customary duties-such as clearing brush from signals or from poles carrying communication lines.
A sustaining award is warranted.
:VlARD:
 
Claim sustained.  --T~r. 
J.p ( ~(~, 
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_,~_'~y4~.=^ 
_:;·f~'~,t'`*~` 
Lloyd H.~ yBailer, Chairman.
 
4e" tY (iV ~   /VN
E., G. Psolle., Carrier lp;ersa_cr A. J. Cunningham, Employe L·t _m= er
Dated: 
July 
13, 
1971