SPECIAL HOARD OF ADJUSTMENT N0. 285
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
STATEMENT OF CLAIM:
1. Claim is presented that the Carrier violated the agreement when
on August
19,
20, 21, 22,
1963,
it assigned or otherwise permitted
the District Gang from Neshaminy Falls to break concrete and
restore with Amiesite the Eastbaund Platform at Noble, Pa.
2. That Mason Gang Leader, Masons and their helpers be paid the
equivalent number of hours spent by the District Gang in
performing this work on the dates mentioned above.
3.
That the following be paid the difference between their rate of
pay and rate of Mason for time they spent in performing this work
on August
19,
20, 21, 22,
1963;
M. J. Suder, M. Bucello, C.
Iatimore, F. DiStefano, W. Mulenosky, F. Jenkins, W. Williams,
A. Watkins, M. Green and E. Jones.
OPINION OF BOARD:
As of the time involved in this claim, the Carrier's eastbound concrete
platform and curbing at Noble, Pa., had become badly deteriorated. Masons in
carrier's B&B forces were assigned to break up the old curb and to pour a new
concrete curb. Howeqer, the Carrier assigned the track District Gang from
Neshaminy Falls to remove and replace deteriorated portions of the platform
with patches of Amiesite, which is the trade name for a brand of bituminous
concrete applied while hot. The contention in this claim is that the subject
repairs to the platform constituted the work of Masons in the B&B forces.
It is established that track forces properly may be used to apply Amiesite
in surfacing track crossings, roadways and parking lots with Amiesite. However,
the evidence discloses that the patching of passenger platforms, such as the
subject platform at Noble, Pa., whether with regular concrete, bricks or bituminous concrete, is properly the work of Masons in the B&B forces. Accordingly. Parts 1 and 2 of the claim will be sustained. Part
3
of the claim will
be dismissed on the ground that sufficient remedy is provided by sustaining
the first two parts of the claim.
AWARD: Parts 1 and 2 of the claim are sustained. Part
3
of the claim is dismissed.
Isl
Lloyd H. Bailer
Lloyd H. Bailer, Chairman
Ls/
A. J. Cunningham
Isl
V. W. Bigelow
A. J. Cunningham, Fhtployee Member V. W. Bigelow, Carrier Member
Philadelphia, Pa.
June 28,
1966.