SPECIAL BOARD OF ADJUSTMENT N0. 280
PARTIES ) The Brotherhood of Maintenance of Way Employees
TO )
DISPUTE ) St. Louis Southwestern Railway Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement when they assigned the
work of constructing two truck bodies and the installation of a new engine in
Truck No.
1590
to the Southwestern Transportation Company, whose employes hold no
seniority rights under the provisions of this agreement;
(2) The employes holding seniority as Roadway Machine Mechanic Foreman,
Mechanics and Helpers each be paid at their respective straight time rates of pay
for an equal proportionate share of the total man-hours consumed by the Southwestern Transportation Company's employes in performing the work referred to in
Part (1) of this claim."
FINDINGS
: The Employees state that on or about May
3, 1954,
the work of construct
ing two truck bodies was assigned to and performed by the Southwestern
Transportation Company's employees who hold no seniority rights under the pro
visions 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 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 this equipment 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.
- 2 - AWARD N0. 3
The Carrier further states that the claimants do not hold the exclusive
right to build 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.
AWARD
: Claim denied.
(s) Thomas C. Begley
Thomas C. Begley, Chairman
(s) A. J. Cunningham
(s)
M. L. Erwin
A. J. Cunningham, Employee Member M. L. Erwin, Carrier Member
Tyler, Texas
September 30,
1959
40