Special Board of Adjustment No. 1016
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
and
Consolidated Rail Corporation
STATEMENT OF CLAIM:
"(1) The Agreement was violated when, beginning December
24, 1986, the Carrier used outside forces to
install culverts at Fisher Road in Columbus, Ohio
(System Dockets CR-2452, CR-2453, CR-2500, CR-2501,
and CR-2502).
(2) The Agreement was further violated when the Carrier
did not give the General Chairman fifteen (15) days
of advance notification of its plan to assign said
work to outside forces.
(3) Because of the aforesaid violations, Messrs. S.A.
McDade, J. K. Lafferty and R. N. Williams shall
each be allowed three hundred and thirty-six (336)
hours of pay at the rate of thirteen dollars and
forty-seven cents ($13.47) per hour and Messrs.
C. T. Julian and E. A. Sellers shall each be
allowed three hundred and thirty-six (336) hours of
pay at the rate of twelve dollars and eighty-four
cents ($12.84) per hour."
FINDINGS:
This companion case of Award No. 28, the lead case, and
Awards 29 and 30, concerns the claim that Carrier used an
outside firm to install culverts at Fisher Road in Columbus,
Ohio. The work was a relatively small part of a $13.5
million project to replace Carrier facilities that were
displaced by construction of an interstate highway. The
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awards mentioned above dealt with other portions of the
project. As in those other cases, all claimants were fully
employed throughout the claim period.
What we had to say in Awards No. 28, 29, and 30 is
equally applicable here. On that basis, this claim will be
denied. In no measure is that decision based on Carrier's
contention, unsupported as it is by evidence, that the work
required special skills and equipment.
AWARD: Claim denied.
Adopted at Philadelp
i,a,
PA
~- a-
, 1989
Harold Weston, Chairman
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Ca rier Member Employee Member
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