Public Law Board No. 2778
PARTTOIES_ Brotherhood of Maintenance of Way Employes.
DISPUTE: and
Baltimore and Ohio Railway Company
STATEMENT Claim of B&8 Foreman J. D. Jewell and B&B Carpen
CLRTM: ters A. Clary, J.E. Coran and R.E. Smith far a
total of 210 hours on May T, 2, 3 and 5, 1978 on
account of Tunnel Force grouting Bridge 12-38 at
Wilmington, Ohio.
FINDINGS: Claimants are B & B employes. They were assigned
to install a 30-inch pipe and grout the arch of
Bridge 12-38 at Wilmington, Ohio. The work was
interrupted by cold.weather. When conditions per
mitted resumption of the work, a tunnel force was
used to complete the fob while claimants were as
signed to make- steal repairs on Bridge 41-62 at
Cuba, Ohio. There is no evidence that claimants
lost any pay or were subjected to undue inconven
ience by reason of the assignment change.
The work in question consisted of concreting the
end of the arch by using a pressure tank, the gunite method by secur
ing the grouting.
?LB - 2778 Award No. 25 2
It is Petitioner's position that the work of grouting bridge
12-38
belonged to claimants under Rule 1(c) of the applicable agreement. Petitioner states that the gunite method involves spraying by machine a mixture of sand and concrete on the
walls and overhead of bridges and tunnels.
Rule 1(c) reads as follows:
"Carpentry, painting, glazing, tinning, roofing, plastering, brick
laying, paving, masonry and concreting required in the construction and
maintenance of railroad structures,
other-than tunnels, shall be performed
by the B&B forces. Such work in tunnels and all concreting by the gunite
method shall be-performed by tunnel
forces."
Since "all" concreting by the gunite belongs to
tunnel forces, it was not incompatible with the terms of the Agreement (which incidentally covers tunnel as well as B&B forces) for
Carrier to assign the'disputed work to tunnel employes."
The Petitioner's contention that the tunnel force
would have had to build forms to secure the grout is not supported
by competent.evidence, although the burden of proof rests with Petitioner. Carrier maintains, and has submitted evidence, that the
tunnel force secured the concrete by placing and stacking sand bags
at each end of the arch. of the bridge.
There is no basis in this record for sustaining
this claim.
PLB - 2778 Award No. 25 3
AWARD: Claim denied.
Adopted at Baltimore, Md.,~/~ z-z,, 1984.
I
aro M. Weston, hairman
' Carrier Member ~ Employe Member