Public Law Board No. 2630


PARTIES Brotherhood of Maintenance of Way Employes
 _TO
 DISPUTE: and
 The Baltimore and Ohio Railroad Company
 STATEMENT 1. 'Carrierviolated the Agreement when it assigned .
 _OF
 CLAIM: Trainmen John Mallott and Herman Felts to Crossing
 Watchman Maintenance of Way positions connected with
 the Construction Contractor Richter Transfer Company
 from July.17 until October 17, 1977, and each day
 thereafter for 10 hours daily, five days each week.
 2. Claimants Taylor Lawrence, James Starr, Sherman
 Booth, Willie B. Wynn, Cleveland Harris, Sr., Charles
 Lester, Richard Lambert, Henry Phillips, Harold
 Stringfield, John Harris, Rufus McQueen, Bobby Yancy, ,
 Jr., Theodore P. Williams, Sr. and Ernest Charles
 .be paid equal amounts for the total claim at the
 rate of the trackman's position.
 FINDI":CS: Claimants are-traclancn at Cincinnati, Ohio. On
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the claim dates, independent contractors were-.loading ballast -cars at Brighton Crossing for the new Cincinnati Yard by dumping

 ballast from a C&0 bridge.
 7t is Petitioner's position that Carrier violated the applicable Agreement when it had two Trainmen flag Brighton Crossing. Petitioner, maintains that watchmen covered by its 'Agreement should have been assigned to that work.
 ' So far as the record shows, the trainmen were used ._ not to flag traffic over the Crossing, but to protect train move inents.- There is no evidence that by rule or practice the protection of train movements on this property is reserved exclusively for Maintenance of Way watchmen. In the absence of such a showing,it would appear that it was not improper to call upon trainmen to perform that work.

 AWARD: Claim denied.

            Adopted at Baltimore, Maryland, '17e.

                                          .ICtiC-~ 1981.


' Harol`d M. Weston, Chairman-- - ° - -_

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Carrier 1,1ember~ - ianploye Member

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