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PUBLIC LAW BOARD NO. 6553
BROTHERHOOD OF MAINTENANCE )
OF WAY EMPLOYES ) -
AWARD NO. 2
And ) CASE NO. 2
NORFOLK SOUTHERN RAILWAY )
COMPANY )
STATEMENT OF CLAIM:
Claim on behalf of M. A. Sakuluk, J.J. Allen, J. W. Gerard and G. A. Wain
requesting that they be paid at the B & B Plumber rate for eight hours each
on November 22, 2000, in that three contractor and one Mechanical
Department employees repaired a 4" water line break near 4 Yard Building
at Conway Yard in Conway, Pennsylvania.
OPINION OF BOARD:
Public Law Board No. 6553, upon the whole record and all the evidence,
finds that the parties herein are Carrier and Employes within the meaning of the
Railway Labor Act, as amended, and that the Board has jurisdiction over the
dispute herein.
This claim arose following the Carrier's use of a contractor and Mechanical
Department employees represented by Sheet Metal Workers International
Association to repair a break in a four inch water line to a Yard Office in the
Conway, Pennsylvania terminal on November 22, 2000. The Organization contends
that employees from the BMWE-represented Plumber classification should have
performed the work and were entitled to advance notice. Claimants were regularly
assigned as Plumbers on the Pittsburgh Division of the Northern region at the time
the disputed work was performed.
For reasons discussed in Award No. 1 of this Board, we find that the
provisions of the May 6, 1999 Memorandum of Agreement establishing the Plumber
job classification triggered the notice requirements set forth under Appendix F.
The claimed work was colorably within the Scope of the agreement and therefore
Carrier violated the contract when it failed to meet its notice obligations under
Appendix F.
Carrier contended that the work in question has historically been performed
on its territory by outside vendors and shop craft employees. In addition, it asserted
during handling on the property that sufficient employees and equipment were not
available to timely perform the work. However, those are just the sorts of matters
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PLB No. 6553 Award No. 2
Page 2 Case No. 2
that should have been discussed by the parties in accordance with the provisions of
Appendix F. All that is required in terms of notice is "in the event a carrier plans to
contract out work within the scope of the applicable schedule agreement, the
Carrier shall notify the General Chairman of the organization involved in writing as
far in advance of the date of the contracting transaction as is practicable and in any
events not less than 15 days prior thereto." The lack of notice in this case effectively
frustrated the ability of the parties to address many of the questions raised with
regard to the allocation of work under the new implementing agreement and
requires a sustaining award.
With respect to the remedy question, given the fact that the parties are
coming off the May 6, 1999 implementing agreement, and as we discussed in Award
No. 1, we shall not award monetary compensation for the fully employed Claimants
in this case. However, the parties are advised that should the Carrier disregard its
notice obligations in the future, a different outcome is to be expected.
AWARD
Claim sustained in accordance with the opinion.
ANN S. KENIS, Neutral Member
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Dennis L. Kerby
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Carrier Member Rio .a, i Em a Member