SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing
to assign B&B employee to the painting of shelving in
the store room at Palestine, Texas, on August
7
and
8,
1957.
(2)
B&B Carpenter R. F. Woodard be compensated twelve (12)
hours' pay at his respective pro rata rate account of
this violation of the Agreement.
FINDINGS: It appears that on the dates mentioned in the claim a reclama
tion plant painter painted some bins or shelves located in the
storeroom at the reclamation plant. Those bins or shelves had been con
structed by employes in the reclamation plant and were not in any way
attached or affixed to the building but remained movable.
Since the decisions of the Railway Board of Adjustment No. 2,
work upon such bins or shelves has been considered to be within the scope of
the Shop Crafts Agreement rather than the Maintenance of Way Agreement.
That is still the proper rule and it should be noted that such holding is
not inconsistent with the provisions of an agreement of September
15, 1941,
referred to by the Employes, but which is not applicable on this part of the
railroad.
AWARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0.
279
(s) Dudley E.
Whiting
Dudley E. Whiting - Chairman
s A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
July 16, 1959