SPECIAL
BCARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF YAINTENANCE 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 assigning au,
employe not covered by the Scope of the Agreement to the work
of cleaning debris and refuse from and around the tracks and
right of way at the Produce Yard near Grand Avenue, Kansas
City, Missouri, since January
23, 1959,
and continuing.
(2)
The senior furloughed section laborer on the Kansas City
Terminal be now compensated for an equal amount of time at
his pro rata rate as was consumed in the performance of this
work referred to since January
23, 1959,
and as long as this
violation of Agreement continues.
,_
FINDINGS: This claim involves work upon the premises of the Missouri Produce Yard,
a joint operation by this and three other carriers. Since the work
involved is not on the premises of this Carrier nor subject to its sole control,
the fact that maintenance of way employes have performed the cleaning work for many
years establishes no ,jurisdiction to such work in the employes of this Carrier.
Under the circumstances here shown and the fact that the cleaning work involved is,.,
not normally regarded as repair or maintenance of right-of-way, there is no valid ~-
basis for the claim.
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
September
7, 1962
File E
247-3767