SPECIAL HOARD OF ADJUSTMENT N0.
285
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Vs.
READING COMPANY
STATEMENT OF CLAIM
:
1. The Carrier violated the effective Agreement by employing a contractor
to excavate and pour concrete foundation and sidewalk of an underground pit, for the later installation of the new electronic track
scale at Reading, Pa., on or about May
7, 1963.
2.
The Foremen Carpenters, and Mason Foreman, Carpenter Gang Leaders,
Mason Gang Leaders, and Carpenters, Masons and their Helpers, now
be paid the equivalent number of hours spent by the Contractor on
this work of building forms and pouring concrete at this location.
In addition Crane Operators and Helpers for the equivalent number
of hours spent in excavating and backfilling for this work.
OPINION OF BOARD
:
Early in 1963 the Carrier entered into a lease-purchase contract with the
International Railroads' Weighing Corporation for a new type of electronic
scale to be installed in Carrier's Reading Yard, Reading, Pa. The Carriers'
maintenance of way employes build the scale house and rendered trackage service.
The remainder of the work--excavation, backfilling and pouring the concrete
foundation, and installation of the scale equipment--was performed under the
aegis of IRWC. The latter corporation sub-contracted the foundation work to
another firm but handled the scale equipment installation itself. The Carrier
contends that it assigned to its M. of W. forces as much work as was feasible
under the circumstances.
The evidence convinces us that the claim should be sustained with respect
to the excavating and backfilling work performed in connection with construction of the foundation for the subject electronic track scale. The portion of
the claim dealing specifically with construction of the concrete foundation
will be denied, however, because said foundation is an integral part of the
scale leased by IRWC to the Carrier. The construction of the concrete foundation by IRWC (or its own sub-contractor) was a requirement of the five-year
warranty provided by IRWC with respect to satisfactory continued operation of
the scale.
AWARD
: Claim sustained in part and denied in part as indicated in above
Opinion of Board.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Chairman
Is/
A. J. Cunningham /s/ V. W. Bigelow
A. J. Cunningham, Employee Member V. W. Bigelow, Carrier Member
Philadelphia, Pa.
June
28, 1966.