SPECIAL BOA.IRD of ADJUSTMENT NC. 287
PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 23
STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) The Carrier violated the effective agreement when it assigned to
a Contractor the performance of certain bridge reconstruction work at Bridge No. 1397,
Millwood, West Virginia, February, 1958.
(2) The B&B forces holding seniority on the Wheeling Division be now
paid at their respective pro-rata rates an equal proportionate share of the man-hours
worked by the Contractor's forces in the performance of this referred to work."
FINDINGS: We are here concerned with Bridge 1397, one of 9 bridges on the Wheel
ing Division scheduled by Carrier for reconstruction in its 1957 program. Of the 9
bridges, 7 were assigned to Carrier's B&B forces, the other two -- including Bridge
1397, were contracted out.
The specific work here involved the removal of an existing
79
foot,
9 inch girder span and replacing it with a new 81 foot girder span -- work which
required derrick equipment which Carrier says it did not have available on the
project. The critical requirement was one of boom length.
Carrier executed a contract for this work on February
4,
1958, with
Vogt and Conant Company. The work was completed on March 22, 1958. B&B forces
were furloughed February 15, 1958.
Carrier relies particularly on paragraph 3 of (b)5(a):
"Where equipment or facilities to be used in connection with the work are not possessed by the Company
and available, consistent with the requirements of a
particular project."
The record here discloses that this particular job required a crane
with a long boom to set the center span. Carrier says the booms of its wreck cranes
are not long enough to safely and efficiently handle the job.
Carrier had an X-217 wreck crane at Grafton, 150 miles distant. This
a 250-ton crane, which is stationed at Grafton to be available in the event of a
wreck on the main line. For this reason, Carrier asserts, it would not have been
available.
Actually, as this record discloses, this crane is not a part of
Maintenance of Way Department equipment; its operation and its operator are not
covered by the agreement between this Organization and this Carrier. It, Carrier
S6A
agrI
DOCKET N0. 23
asserts, is designed primarily for the handling of rolling equipment which might be
derailed; it is not designed for use in handling structural work.
On the basis of the record made, the Carrier has proved to our satisfaction that wreck crane X-217 did not have a boom of sufficient length to permit it
to "boom out" in handling the structure here involved with that degree of efficiency
and safety which is required; that it, being a wreck crane covering the main line at
a point 150 miles away, was not available for the amount of time required.
The Carrier having met its burden of proving its reliance on (b)5(a)
3,
this claim will be denied.
AWARD
Claim denied.
(s) Edward A. Lynch
Edward A. Lynch
Chairman
(s) A. J. Cunningham
A. J. Cunningham
Employee Member
(s) T. S. Woods
T. S. Woods
Carrier Member
Dated at Baltimore, Maryland,
this 28th day of March,
1960.