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 to
B&B Mechanics the work of repairing frost box around water pipes at
the north end of Yard C Office Building at Dupo, Illinois, on
October
16, 1958.
(2)
B&B Mechanic Paul Isam be now reimbursed for three
(3)
hours pay at
his respective rate account of the violation referred to in Part 1
of this claim.
FINDINGS: This case involves the same incident which was involved in Award No.
28
of this Board. The Employes here contend that the findings of facts
in that award was erroneous and point to the statement in a letter by Mr. B. W.
Smith to General Chairman L. V. Foster dated February
6, 1959.
He there stated
that
"The facts in this case indicate that a small frost box (approximately
20" x 18" x 12")
which rested
2"
under the top of the ground was so
badly broken from deterioration that the Water Service employes renewed the box in its entirety with short lengths of lumber secured
from the Car Department at Dupo."
The findings in our Award No.
23
were predicated upon the statement
of the division engineer quoted by the Carrier and division superintendent
quoted by the Employes, and we felt that those local officials orere probably
better informed of the facts than Mr. Smith. However, Mr. Smith certainly has
the authority to propose the basis for determination of the issue and we find
that the renewal of this small frost box by Water Service employes was wholly
incidental to the water service repairs they were making. That is true because
they could not get at the pipes without removal of this small frost box and
could not leave the job in the condition they found it without properly renewing
and reassembling the badly broken frost box.
AWARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT NO.
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
November
5, 1959