SPECIAL BOARD OF ADJUSTMENT N0.
285
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
Award No.
14
READING COMPANY Case No.
14
STATEMENT OF CLAIM
:
Claim is presented that the Carrier violated the agreement when during the
months of December
1958
and January
1959
it assigned the work of renovating,
improving and adding a new building to the Westbound Waiting Room at Glenside, Pa., to employes who hold no seniority under our agreement.
That Carpenters, Painters and Plumber, Foreman, Carpenters, Painters and
Plumbers and their helpers be paid the equivalent number of hours spent
by the outside parties in performing this work.
OPINION OF BOARD
:
On December
9, 1958,
the Carrier leased to the Suburban Radio Cab Company part
of its Glenside station property on the westbound side of the station. Awaiting
room for use of Carrier patrons was located on the leased portion. The lessee
thereafter enlarged and altered the existing waiting room to provide necessary
office, dispatching and waiting room facilities for its -taxicab operation; this
being done at its own expense subject to Carrier approval of plans and specifications. The lease arrangement reserved to the lessor and its patrons the right and
privilege of using in common with the lessee and the latter's patrons the waiting
room thus provided. Claim was thereafter filed by the subject Organization that
the Carrier violated the controlling Agreement
by
contracting out work within the
scope thereof.
On the basis of the evidence adduced, we conclude that since the waiting room
continues to be used as a facility for the Carrier's patrons, employees in the B
and B forces covered by the subject Agreement were entitled to perform such portion
of the renovation work on the waiting room as is normally done by the Carrier at
its commuter passenger stations. The parties are directed to confer for the purpose
of determining the portion of the subject renovation work which customarily would be
performed by Carrier's B and B forces and which therefore would properly accrue to
the complaining employees. The parties are further directed to arrange for the
resulting compensation due.
A14ARD:
Claim sustained to the extent indicated above.
(s)
Lloyd H. Bailer
Lloyd H. Bailer, Chairman
(s) A. J. Cunningham (s) H. F. Wyatt, Jr.
A. J. Cunningham, Employee Member
H.
F. Wyatt, Jr., Carrier Member
October
19, 1959.