BROTHERHOOD OF MAINTENANCE OF WAY EMP7,0XES

versus

MISSOURI PACIFIC PAILROAD COMPANY


STATEMENT Claim of the System Committee of the Brvtherhcv·a that:
 OF CLAIM :
Water Service forces to excavate and backfi1l for sewer repair work at Poplar Bluff, Missouri, it assigned such work to a carpenter crew consisting of a B&B foreman, an Assistant B&B Fa~man, a motor car operator and a number of carpenters.
Eaton and furloughed Water Service Helper Leo Enlow each be allowed pay at their respective straight time rates for an equal proportionate share of the total man hours consumed by the carpenter crew in performing the work referred to in Part (1) of this claim.

 FINDINGS : The claim involves excavation and cribbing commencing October 9,
 1957, at Poplar Bluff. It appears that about one year prior thereto Water Service employes started excavating and cribbing on this same sewer line, which is located in quicksand, and were unable to accomplish the work so it was necessary then to call in Bridge and Building forces to perform it.

 Under those circumstances the carrier on this occasion assigned Bridge and Building forces to excavate and crib the necessary excavation. Water Service forces then repaired the sewer and the same Bridge and Building forces removed the cribbing and made the backfill. The excavation of necessity was 15 feet deep in unstable soil areas.

 Under the circumstances we find no violation of the agreement because Water Service forces had demonstrated their inability to properly excavate and crib the excavation on a prior occasion and there was no obligation upon the carrier to divide the excavation work from the cribbing work. Accordingly we find the claim without merit.

 AWARD : Claim denied.




(s) A. J. Cunnina~am (s) G. W. Johnson
 A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member

 St. Louis, Missouri June 5, 1959