Public Law Board No. 2778
PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE: and
The Baltimore and Ohio Railroad Company
STATEMENT Carrier violated the Schedule Agreement, particu
CLT'lM: larly Rule 1(c), when instructing other than Bridge
and Building Department employes to renew ten pieces
of corrugated fiberglass between No. 9 and No. 10
pits on June 26, 1978. Because of that violation
R. G. Kerns and C. R. Hovatter should be compensated
for four hours each at the appropriate rate of pay.
FINDINGS: On June 26, 1978, two carmen replaced two pieces of
corrugated fiberglass between No. 9 and No. 10 pits
in the roundhouse at Cumberland, Maryland. It is
Petitioner's position that that work should have
been performed by Bridge and Building Department
employes. -
Claimants are regularly assigned carpenters in the
Bridge and Building Department Maintenance in the shop is part of
their regular duties. -
Rule 1(c), the Classification Rule, is general in
.. PLB No. 2778 -
Award No. 31
Case No. 5
nature and we are not satisfied that Petitioner has established by
evidence that the work in controversy belongs exclusively to Bridge
& Building Department employes. The record does not show that
fiberglass actually constitutes part of the structure or that its
repair affects the structural integrity of the roundhouse.
So far as the record indicates, these fiberglass
shields serve as safety barriers for the protection of carmen working in the pits; their purpose is to retain soap cleaner and prevent
the splashing of paint between the pits.
We are not persuaded by this record that the disputed work has been reserved exclusively to Bridge and Building Department employes.
AWARD: Claim denied.
Adopted at Baltimore, Md. 13, 198_4.
Harod M. Weston, Chairman
/,~
Carrier Member Employe Member