PUBLIC LAW BOARD NO. 2960
PARTIES Brotherhood of Maintenance of Way Employes
TO and
DISPUTE Chicago and 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 to
perform grading and paving of an asphalt parking lot on the
Carrier's property in Des Moines, Iowa on September 28
through October 5, 1988 (Organization File 2PG-321T; Carrier
File 81-89-30).
2. The Agreement was further violated when the carrier did not
give the General Chairman prior written notification of its
plans to assign said work to outside forces.
3. Because of Parts 91) and/or (2) above, B&B Foreman L. W.
Leivan, Carpenters S. J. Bishop, E. C. Lindloff, WSF
Employes T. C. Black, G. N. Thorn and Machine Operator P. S.
Green shall each be allowed pay for an equal and
proportionate share at their respective rates for the 432
hours of work performed by Central Asphalt."
FINDINGS: This Board, upon the whole record and all of the
evidence, finds that the Employees and carrier involved in this
dispute are respectively Employees and Carrier within the meaning
of the Railway Labor Act as amended and that the Board has
jurisdiction over the dispute involved herein.
OPINION OF THE BOARD: The claim asserts a violation of Rule 1.
However, to prevail, the Organization
would
have to demonstrate
to the Board's satisfaction that they either have a specific
reservation to the work in question by language or that they have
customarily performed it. They have not done either in this
case. Consequently, no violation of the Agreement has been
shown.
Awes
I'll -.~-9~e~
Case No. 286
Page 2
AWARD
The claim is denied.
& wqn2
Gil Vernon, Chairman
D. Bartholomay Joan . Har eux
Emplo ee Member
~f
ier Member
Dated: