PUBLIC LAW BOARD NO. 2960
AWARD NO. 120
CASE N0. 158
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes
and
Chicago & North Western Transportation Company
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when outside ,forces were
used at Mile Post 475.9 on the Casper subdivision to
connect the C&NWT operating properly to a segment of
the coal line. (Organization File 6T-4559; Carrier
File 81-84-173)
(2) As a consequence of the aforesaid violation, Western
Division furloughed employes M. S. Madsen, K. M.
Donahue, W. J. Wasserburger, R. C. Ryan, J. M.
Goldrick, S. A. Rabe, T. A. Turman, P. D. Krantz, F.
A. Wood and W. C. Fisk shall be allowed ten (10) hours
each at their respective rates of pay.
OPINION OF THE BOARD
This Board, upon the whole record and all of the evidence,
finds and holds that the Employe and Carrier involved in this
dispute are respectively Employe and Carrier within the meaning of
the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute involved herein.
The basic facts are undisputed. On March 12, 1980, the Carrier
entered into an Agreement with the Brotherhood of Maintenance of
Way Employes covering the construction of the Western Coal Line
by outside forces. The general purpose of the Agreement was to
allow the Carrier to let to contractors and arrange to be
performed by contractors' forces "any and all work in connection
with the construction, rebuilding, and dismantling of tracks,
structures, and/or other facilities pertaining to such Western
Coal Project." One segment of this construction was a new
line from Crandall, Wyoming south to Joyce, Nebraska. The
Agreement contained the following language specific to the new
line Crandall to Joyce:
"New Line Crandall to Joyce. All work in connection with
sucTi nw~line an3-sidings, including grading, distribution
of material, placing ties and ballast, installing bridges
and culverts, and constructing auxiliary buildings shall be
performed by contract.
Once construction of this track and auxiliary facilities
has been completed and such track and facilities have been
accepted by the C&NWT, and the General Chairman has been
notified thereof, such line shall thereafter be subject to
the provisions of Rule 1(b) of the existing agreement.
On March 27, 1984, the Neosha Construction Company provided one
(1) Track Foreman, two (2) speed swing operators and seven (7)
track laborers at Mile Post 475.9 on the Casper Subdivision for
the purpose of connecting the C&NWT operating property to a
segment of the new coal line. The ten men dismantled a portion
of the operating property, performed grade work, realigned track
sections, applied track appliances and prepared the connection
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for train operations. Neosha Construction Company expended 100
man hours or ten (10) hours per man between the hours of 7:00
a.m. and 5:30 p.m. relative to this project.
The thrust of the claim is that the work in question
actually took place west of Crandall and thus was on the
Carrier's operating property and not covered by the Crandall to
Joyce Agreement. Accordingly, they argue that Rule 1(b)
controls and states:
"(b) Employes included within the scope of this Agreement
in the Maintenance of Way and Structures Department shall
perform all work in connection with the construction,
maintenance, repair and dismantling of tracks, structures
and other facilities used in the operation of the Company
in the performance of common carrier service,on the
operating propertly. This paragraph does not pertain to
the abandonment of lines authorized by the Interstate
Commerce Commision."
It is the opinion of the Board that the Agreement, was not
violated. Although the work was technically west of Crandall,
the work performed most reasonably falls within the intent of
the March 12, 1980, Agreement.
Under that Agreement the contractor would be permitted to
perform all work in connection with the construction of the line
and after its construction was completed the line. would be
subject to Rule 1(b). It is most reasonable to apply this
agreement by finding that the construction of the. new line could
not be completed until it was physically connected with the
operating property. Obviously, in order to make the connection
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and complete the construction some of the contractors work had
to occur on the operating property. However, this was clearly
incidental.
AWARD
The Claim is denied.
Vernon, Cha-irman
D. . ar o omey, mp o em er r mon, rrier Member
Dated: 02/,~(~