SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF YAINTMANCE OF WAY EMPLOYES
versus
MISSOURI FACIFIC FAILROAD COM9ANY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by assigning
the work of laying 300' of
6"
sewer line in the Kansas City
Yards on or about June
15
and 16,
1959,
to a contractor not
covered by the Scope of the Agreement.
(2)
Assistant Water Service Foreman M. V. Morland, Water Service
Repairmen--W. J. Green and 0. E. Clute, and Water Service
Repairmen Helpers--J. L. Enlow, A. G. Worley, L. H. Reinhardt
and J. W. Scudder be now reimbursed for
16
hours each at
their regular pro rata rates of pay account of this violation
of Agreement referred to in part one of this claim.
FINDINGS: This claim involves work performed during the construction of a fully
automatic electronic classification yard at Kansas City, Missouri, a
project of considerable magnitude.
There is shown a letter dated February
9, 1959,
from the Chief Engineer
to the General Chairman, regarding two sections of work, one of which was contracted
and one of which was to be performed by Carrier's forces.
The work here involved was not within either section mentioned in that
letter but was adjacent to and connected with the section agreed to be contracted,
so there is no violation of the Agreement there noted. In addition thereto, it is
shown that there were no additional water service forces of the Carrier available
to perform this work and that the shortage thereof had previously been called to
the attention of the General Chairman.
Lack of Carrier forces to accomplish the work is a recognized basis upon
which to justify contracting it out.
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 F
247-3787