I
SPECIAL BOARD OF ADJUSTMENT N0. 287
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 13
STATEMENT
OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement, when it assigned other than
B&B forces to paint certain railroad structures at Washington, Indiana, on October
a,
1955,
(2) B&B Mechanic George R. Taylor be allowed four (4) hours' straight
time pay account of the violation referred to in Part (1) of this claim."
FINDINGS: Involved here is the painting of two large tool boxes in Carrier's
Coach Shop. Organization concedes that they are not attached to the building.
They rest on the floor.
Organization relies on Award 8093. The tool boxes, or lockers, here
involved cannot be classified as material bins or tanks.
And on the basis of the facts here, these lockers cannot be considered
to be railroad structures within the meaning and intent of Rule 1.
It awards to B&B forces the "x x x painting x x x required in the
construction and maintenance of railroad structures. x x x"
The claim will, therefore, be denied.
AWARD
Claim denied.
(s) Edward A. Lynch
Chairman
(s) A. J. Cunningham (s) T. S. Woods
Employee Member Carrier Member
Dated at Baltimore, Md., this
28th day of March,
1960.