PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT N0.
280
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes) Case No.
58
and ) Award No.
58
St. Louis Southwestern Railway Company )
STATEMENT OF CLAIM
:
1. The Carrier violated the effective Agreement on June
20,
July 10, and
July 16, 1960, when it assigned Bridge Gang No.
5
to work of Zone Treating Bridges
Nos.
527.24
and
527.54,
in lieu of assigning the Bridge and Building Paint Gang.
2.
Paint Foreman R. 0. Wright and No. 1 Painters J. S. Stevens, C. R. Cook,
G. E. Norman, W. P. Pritchett and No.
2
Painter A. H. Jackson be now reimbursed
a proportionate share at their respective pro rata rates of pay of the man-hours
consumed by Bridge Foreman Short and his Gang No.
5
in performing this referred-to
work.
FINDINGS:
~fpon the whole record and all the evidence, after hearing, the Board finds
that the parties herein are carrier and employee within the meaning of the Railway
Labor Act, as amended, and that this Board is duly constituted by agreement and has
jurisdiction of the parties and of the subject matter.
The Organization states that the claim here involves the application of what
is commonly referred to as the Zone Treatment of wooden structures, particularly
bridges and trestles, for fire protection. This referred to Zone Treatment is in
brief the application of a fire retardent liquid, which is brushed onto the upturned surfaces of wooden bridges and trestles. This liquid coating is an asphalt
compound of a sort. The wet surface is then dressed with stone or gravel screenings that anchor into it and, thus, help it stay adhered to the timber. This
protects the timber from fire caused by sparks or other forms of fire.
In the initial application of this type of Zone Treatment the Carrier set up
a special gang and advertised the positions to the Painters class in its B&B
Department. The positions were filled from those on the Painters Roster. By this
action the Carrier, in classifying this work in this first instance, properly
recognized it as Painters work. Therefore, it is work belonging to those employees
who hold seniority on the Painters Roster.
The Organization further states that on dates of claim Bridge Foreman M. Short
and his gang were making repairs to certain of the Carrier's bridges. In making
repairs to these trestle bridges, the Bridge Gang renewed stringers, caps and
bridge ties. After the installation of these new timbers, the B&B Bridge Crew
then proceeded to treat the exposed surfaces of these referred to new timbers with
the Zone Treatment.
t
J -~
- 2 - Award
No.
58
The Carrier states that the background with regard to the fireproofing of
trestles was fully explained in Carrier's submission in Case No.
44.
During the
months of June and
July
B&B Gang No.
5
on the territory between Mt. Pleasant and
Tyler, Texas, was engaged in making programmed repairs to various trestles which
included trestles Nos.
527.28, 527.54
and
527.13.
This work was not major renewal
work, but certain timbers on two of these trestles were replaced in connection
with regular maintenance work. As the work was completed, the exposed top surface
of any stringer and ties renewed were fireproofed by Zone Treating. This B&B
gang consumed eight hours in Zone Treating Trestle
527.28
in June of
1960;
three
and one-half hours in Zone Treating Trestle
527.28
in July of
1960;
nine and onehalf hours in Zone Treating Trestle
527.54
in July of
1960;
no Zone Treating was
performed on Trestle
527.13
in July of
1960.
The Board finds from the evidence submitted in this case that the same factual
submission was given by the employees in Case No.
44.
The Organization states that
the Board erred in its decision in Case No.
44.
The Board, after giving careful. consideration to the submissions of both the
Carrier and the Organization, finds that for the reasons given in Case No.
44
resulting in Award No.
44
this claim should be denied.
AWARD: Claim denied.
(Signed) Thomas C. Begley
Thomas C. Begley, Chairman
(Signed) A. J. Cunningham (Dissenting) (Signed) M. L. Erwin
A. J. Cunningham, Employee Member M. L. Erwin, Carrier Member
Dated at Tyler, Texas
December
14, 1964