SPECIAL BOARD OF ADJUSTMENT (P.L. BOARD) NO. 39
Award No. 16
Case No. MW-230
PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employes
and
Spokane, Portland and Seattle Railway Company (System Lines)
STATEMENT OF CLAIM- "Claim of the System Committee of the
  
Brotherhood that:
(1) The carrier violated the Agreement when, without benefit
of 'mutual agreement between the General Chairman and
designated Representative of Management', it assigned or
otherwise permitted 'outside parties' to inspect and
clean crossings and rail flanges and to flag crossings at
Wauna, Oregon on December 10, 13, 14, 15, 16, 17, 18, 20,
21, 22, 23, 24, 27, 28, 29, 30, 31, 1965; January 3, 4, 5,
6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22,
24, 25, 26, 27, 28, 29, 31, 1966; February 1, 2, 3, 4, 5,
7, 8, 9, 1966 and other dates subsequent thereto.
(2) Section Foreman V. Raebel, Section Laborers R. Kallio,
 
F. Pierce and M. Brecht each be allowed pay at their
 
respective straight time rates for an equal proportionate
 
share of the total number 
of 
man hours consumed by the
 
contractor's forces during the claimants' regular assigned
 
hours and pay at their respective time and one-half rates
 
for an equal proportionate share of the total number of
 
man hours consumed by the contractor's forces during hours
 
outside of the claimants' regular assigned hours in the
 
performance of the work referred to in Part (1) of this
 
claim."
FINDINGS.
The Board, upon the whole record and all the evidence,
finds that:
The rules relied upon, when applied to the facts of record,
do not support an affirmative award.
AWARD. Claim denied.
~~yy~ r~
J. P. loon, Employee Member H. J. T- ey, Carrier ember
Portland, Oregon
August 10, 1967