SPECIAL BOARD OF ADJUSTMENT N0.
20`5
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
RFADING COMPANY Award No.
33
STATEMENT OF CLAIM:
1. The Carrier violated the effective agreement during the period
May
23
through June 2,
1960,
by assigning Masons to break up and
remove old concrete from the grade crossing at Bridge Street,
Phoenixville, Pennsylvania.
2.
Foreman P. Conover and laborers S. Chapman, J. Sneed and W.
Robertson now be paid a number of hours equivalent to those
spent by the Masons in performing this work,
OPINION OF BOARD:
It would not be improper to assign masons to perform laboring work that is
incidental to their craft. The record discloses, however, that during the period
covered by the claim the masons were used to break concrete, using air.hammers, as
part of the work which was incidental to the task of the track gang in renewing
rails and ties. The masons performed the disputed concrete breaking work only part
of each day (from about
3:30
a.m. until
12:50
p.m.) and the track laborers performed the same work both before and after the daily arrival and departure of the
masons. It is clear that the work in dispute was not incidental to the work of the
masons' craft.
The claim will be sustained for the three named laborer claimants. The claim
will be denied with respect to Foreman P. Conover. His crew was simply augmented
by the masons on the dates in question and this fact does not ,justify additional
compensation for him.
AWARD
Claim sustained in part and denied in part as stated in the above Opinion of
Board.
(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
Philadelphia, Pa.,
January
29, 1963.