AWARD NO. 109
CASE NO. 137
SPECIAL BOARD OF ADJUSTMENT NO. 280
PARTIES) Brotherhood of Maintenance of Way Employees
TO ) and
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
"I. The Carrier violated the Agreement of July 1, 1967,
especially Rule 1 and Rules 2-1, 2-2 and 5-4, when
on November 5, 6, 7 and 9, 1969, it assigned Car
Department welders and painters to perform work on
truck bed used in cleaning track in Gravity Yard,
Pine Bluff, Arkansas. Truck #2012 is a dump type
truck, 12 feet long, and the work consist of making
four feet iron sides and tail gate bed on it.
"II. The Carrier shall now be required to pay Roadway
Machine Mechanic Foreman C.H. Hercher, Roadway
Machine Mechanic E.W. Thomas and Welder Guy B.
Gaddy for 32 hours each, and Painter Ray Boyter
for 8 hours, at their respective straight time rate
of pay, for time consumed by Car Department employes
in performing this work on Truck #2012 on November
5, 6, 7 and 9, 1969.
"III. The .Carrier shall be required to pay, in addition to
the money amounts claimed herein, an additional amount
of
log
per annum compounded annually on the anniversary
date of the claim.
FINDINGS:
The issue to be resolved in this dispute is identical to that
in Award No. 3 of this Board. In that Award, the' Board found:
"FINDINGS: The employees state that on or about May 3, 1954,
the work of constructing two truck bodies was assigned to and
performed by the Southwestern Transportation Company's employees
who hold no seniority rights under the provisions of the Maintenance of Way Employees' Agreement with this Carrier and that
the Southwestern Transportation Company's employees installed-_
a new motor in Truck No. 1590 during the week of August 9 to
14, 1954, which was a violation-of the effective Agreement.
"That the truck bodies are constructed for trucks used _
by Maintenance of Way traveling Roadway Machine Mechanics and
that Truck No. 1590 was used-by bridge and building painters
and that this work referred to is of the character that has
heretofore been performed in Carrier's repair shop located at
S&A z9o - Awn toq
Pine Bluff, Arkansas by Roadway Machine Mechanics and Helpers
under the supervision of a Roadway Machine Mechanic Foreman.
Employees holding seniority as Roadway Machine Mechanics Foreman, Mechanics and Helpers were available and could have efficiently performed the work described.
"The Carrier states that it has in service a number of
automotive vehicles such as trucks and different types of
passenger automobiles and thisequipment has been maintained
by local garages at points where trucks or automobiles are
located or by the Southwestern Transportation Company at
Texarkana or by Roadway Machine Mechanics at Pine Bluff,
Arkansas and Tyler, Texas, depending on the circumstances in
each case.
"The Carrier further states that some bodies for trucks
. have been built by the Southwestern Transportation Company
and a few metal bodies have been built by the Carrier Welders
and Tinners at Pine Bluff.
"The Carrier further states that the claimants do not
hold the exclusive right tobuild truck bodies or install
new motors. They have done some of this work but it has been
_ work that they performed at the discretion of management.
"The Board finds from the evidence presented at the hearing that it has been the practice of the Carrier to have truck
bodies made and new motors installed by garages and other outside concerns and by its own employees and that the claim, as
presented, is not work generally recognized as work.to be exclusively performed by Roadway Machine Mechanics Foreman,
- Roadway Machine Mechanics and Helpers, nor, have the employees
shown that any Rule of the effective_Agreement grants to them
the exclusive right to perform this work."
The Organization argues that Award No. 3 is not applicable be
cause the work performed in that situation was at Texarkana and the
work performed in this dispute was at Pine Bluff. The Board does
not agree. If the Organization is to prevail on past practice, it
must be shown by the Organization that the past practice is system-
wide. It is clear from Award No. 3 that it is not the practice on
this Carrier to use exclusively Maintenance of Way employes to
perform the work involved.'
AWARD
Claim denied.
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Carrier Member
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