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
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_,~_'~y4~.=^ _:;·f~'~,t'`*~` Lloyd H.~ yBailer, Chairman.
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E., G. Psolle., Carrier lp;ersa_cr A. J. Cunningham, Employe L·t _m= er

Dated: July 13, 1971