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 ( ~(~,
f~<_~e.~i
l
.n·
_,~_'~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