Rt_r _z :
fablic Law Board 881
Case No. 5
Statemcnt of Claim:
CENTR;L REGION - ALLEGHENY_DI_V'I_SIbNXIO - 163_-.Local . _
Union char,es `I;,nement with viol_tion of Regulation
8-F-1, paragraph 3. A new wreck train was established
al Crosson, Y,
.a·
February 13, 1966, and -hrneld by .
ri!na.'l b5° enrloyes of the Carman Craft, .L this location
,.., pi-,scribed in the regulations."
Statemant of Facts:
Prior to February 12, 1966, wreck trains were located
at Conemaugh and Cresson, Pa. Both of these wreck trains were
manned by employes of the ~Laintenance of Way Department.
Effective at the close of the tour of duty on February 11, 1966,
the positions of the employes assigned to the Conemaugh wreck. train
were abolished. The wreck train equipment was moved from Conemaugh
to Cresson on February 13, 1966, where it was used in conjunction
with the wreck train at that location. The existing Maintenance
of Way wreck train force at Cresson manned either wreck train
depending on the location of the wreck.
On April 26, 1966, the wreck train equipment of the -
Conemaugh wreck train was returned to Conemaugh.
As.a result of the foregoing, a claim was initiated alleging'
that the C4rrier violated Regulation 8-F-1, paragraph 3 of the
Schedule Agreement by establishing a new wreck train at Cresson, Pa.,
on February 13, 1966. The Claim was progressed through the
prescribed channels on the property up to and including the
highest officer of the Carrier designated to handle claims and
grievances. Failing to reach a mutually satisfactory settlement,
i
PL 6 881
0to parl.l.~:, agrrcd 1.o :n.tbmtL Mils caar to 1'UbllCJ Law bWlrd No. f181
for decision.
Opinion of the Board: . -. _ , ___. .. , _. ______ .......... , . __t
_.
_._ -
'Ibis claim represents a ,jurisdictional dispute between
two classes: or crafts of employes in the service of the Company
as to which class is entitled to perform certain types of vortr.
i':.ra~;ranh·-. 7 ;;::d S of ,Znuary 28,' 1,972 read as follow:.
"(%) ?itc d;·ter~instion that :: third n.
r
additional p;trtv
mny h:evr a prlv ~i:)IG interest in a dl::pute shall be made
by fbc; :;r__tr::1 .'e-.nbar. fhouid a determ:inat:or: be made
that a third cir additional. party :aay have a possible
interest i.r, r di,pute, the roard shall give due notice
of such possible interest to such other party or parties
and an opportunity to be heard. t;'here a determination
has been m;ide that the,., may be a third or additional
party of interest in a dispute and notice has beer.
given to such other party or parties <.., provided in this
paragraph, the hearing of said dispute( shall not be set
earlier than
three months
from the date of notice to
such other party or parties of possible interest.
(8) In the event it is determined that a third or
additional party may have a possible interest in a
particular dispute and due notice thereof is ,given
as provided in this Agreement, :such party or parties
shall be given a reasonable period of time to present -
· its or their position to the Board and shall be accorded
the same full and liar hearing procedures as ore provided
licrein for the original parties, including the right to
appear with the same rights as the original parties at
any executive session of the Board convened for the
purpose of considering and adopting any proposed award.
In a dispute where such notice of hearing has been
given to third or additional parties, the award shall
be made only by the Neutral Member."
In view of the above, the employes of the crafts and
classes represented by the Pennsylvania Federation of the Brotherhood
of Maintenance of Way Employes are an interested third party in
this dispute and should be given due notice of the proceedings
in this case on or no later than July 15, 1972, and a right to
appear and be heard by this Board after October 15, 1972.
Francis~C~Wnn
Chairman & Neutral Member -
June 15, 1972, Philadelphia, Pennsylvania