PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1016
AWARD NO. 49
Case No. 49
Referee Fred Blackwell
Labor Member: S. V. Powers Carrier Member: J. H. Burton
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned or otherwise permitted outside
forces to "...convert the Columbus Diesel Shop to the C&S Shop ...including the construction
of a Pre Engineered Metal Building (Armco type 50' x 100'):' beginning April 13, 1987
(System Dockets CR-4029 and CR-4030).
(2) The Agreement was further violated when the Carrier did not confer with the General
Chairman prior to executing a contract with the outside concern to perform scope covered
work.
(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, B&B
employes R. N. Williams, C. T. Julian, L. J. Sacher, G. V. Pfistner, R. E. Marvin and J. K.
Lafferty shall each be allowed pay at their respective straight time rates for an equal
proportionate share of the total number of man-hours expended by the outside forces,
through the completion of their performing the work identified in Part (1) above.
FINDINGS:
Upon the whole record and all the evidence and after hearing on August 17, 1989,
in the Carrier's Office, Philadelphia, Pennsylvania, the Board finds that the parties herein are
FM BXKWM
Carrier and Employees within the meaning of the Railway LaborAct, as amended, and that this
ATfofNEY AT LAW
Board is duly constituted by agreement and has jurisdiction of the parties and of the subject
19129 ROMAN WAY
OAnH19ZSBURO,
MARYLAND 20678
(301) 977.8000
SBA No. 1016 / Award No. 49 - Case No. 49
matter.
DECISION:
Claims denied.
OPINION
This case arises from claims filed by five (5) Employees on the Bridge and
Building (B&B) Seniority Roster, Columbus Division, Columbus, Ohio, on the basis of
allegations that the Carrier violated the BMWE Scope Rule by its action of permitting an
outside contractor (the Righter Company) 'Yo convert the Columbus Diesel Shop to the
C&S Shop...including
the
construction of
a Pre Engineered Metal
Building
(Armco type
50'x 100')" and by failing to act in good faith on the requirement that the Carrier give the
General Chairman advance written notice of its intention to contract out the diesel shop
project.
The Organization submits that the disputed work is encompassed within the
express, explicit text of the scope of the Agreement; and that although the Carrier gave
notice of its intention to contract out the diesel shop project, the Carrier was guilty of bad
faith in the administration of its notice to the General Chairman.
The Carrier submits that its action in contracting out the conversion of the Diesel
Shop, Buckeye Yard, Hilliard, Ohio, to a Communication and Signal Shop did not violate
the Agreement, and that on that basis the claims should be denied. The Carrier more
BLAAT LAW CKWELLFRED
asserts that:
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QARtUISBURG,
WRYIaND 20879
(3011977.5000
SBA No. 1016 / Award No. 49 - Case No. 49
1. The construction project entailed the construction of an addition to the
existing building; the building addition was a pre-engineered metal building with
dimensions of 50' x 100'. The existing building was stripped and completely renovated,
which required extensive electrical, plumbing, and masonry and mechanical work to
house the new signal shop, training center and storage. The new facility was equipped
with a modern material handling and storage system as well as a new signal wiring
operation and sprinkler system. The project cost in excess of one million dollars.
2. Although B&B Employees have performed general building maintenance and
minor remodeling work, the Carrier did not have the necessary equipment or manpower
to complete a major construction project as involved herein, nor could the Carrier
piecemeal such a massive project. In addition, the warranties on the building addition,
as well as material handling systems and equipment installations would have been
jeopardized ff the project had been performed in-house.
From full review and assessment of the whole record, the Board finds and
concludes that the record does not establish a violation of the BMWE Scope Rule on the
part of the Carrier. The claims will therefore be denied on this basis.'
The Board notes that the Carrier's conversion of the Diesel Shop at Buckeye
Yard, by the Righter Company, during the period April 13 to May 8, 1987, appears to
'
FRED BLACKWELL All prior authorities submitted for the record have been considered and analyzed in
AITORNEY AT LAW
arriving at this decision.
19129 ROMAN NSkY
GArtFESBUAG, 3
MARYLAND 29979
(301/ 977-5000
SBA No. 1016 / Award No. 49 - Case No. 49
have been accomplished in a manner consistent with the information provided to the
Organization in the Carrier's notice letter dated March 10, 1987:
°This is to advise that we
intend to
convert the Columbus Diesel Shop
to the C&S Shop,
which will
involve contracting site work and building
rehabilitation, including
the construction of a Pre Engineered Metal
Building (Armco
type 50' x 100').
The estimated cost
of
the contract work is $1,174,132. The project will
begin in
April and be completed
by
September 1987.
Aside from the fact that the work
cannot be
piecemealed, the
Company does not have the necessary
equipment or
manpower
available to complete
construction within the
allotted time frame. As
information, all B&B
employees on the Columbus Division will be
recalled from furlough during the period
of
this contract."
The record persuades that the Carrier needed to have the conversion project
completed during the milder weather conditions of Spring, Summer, or Autumn.
Therefore, the Carrier was not required to piecemeal the work of the conversion project
in order to have parts of the work performed by the Carrier's B&B Employees. This
would have entailed the Carrier being required to give the conversion project priority, in
the assignment of overtime, over work usually assigned to its B&B forces.
Accordingly, on the basis of the record as a whole, the Board finds that the
claims should be denied for lack of the requisite record support.
Fred Blackwell
Chairman / Neutral Member
FRED BLCKWELL
Special Board of Adjustment No. 1016
ATTOIWIEY AT
uw
April 12, 1994.
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SBA No. 1016 / Award No. 49 - Case No. 49
AWARD
The claims are hereby denied for lack of the requisite record support.
BY ORDER OF SPECIAL BOARD OF ADJUSTMENT NO. 1016.
Fred Blackwell, Neutral Member
S. V. Powers, Labor Member . H. B on, Carrier Meer
Executed on 1994
Conrail\1016\49-49.412
FED WCKWEL1
ATTORNEY AT LAW
19129 ROMAN VAY
GAMOBUM 5
HAAYLAND 20879
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