SPECIAL BOARD OF ADJUSTMENT N0.
287
PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO.
3
STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) The Carrier violated its Agreement with the Brotherhood of
Maintenance of Way Employes when it assigned employes outside the scope thereof to
make repairs to the brick arch in the Amesteam boiler at Moorefield, Indiana, on
April
28
and
29, 1955;
(2)
B&B Carpenter John A. Waltz and B&B Carpenter Helper Howard A.
Warren each be allowed sixteen
(16)
hours, pay at their respective straight time
rates account of the violation referred to in Part (1) of this claim.
FINDINGS: The issues of third party notice and timeliness of filing were dis
posed of in the Awards in Dockets Nos. 1 and
2.
They are here dis
posed of in accordance with these prior awards.
The Organization predicates its claim on a letter dated August
12,
1942,
from W. G. Carl, assistant to Carrier Vice President, to Organization's
General Chairman, particularly these portions:
"x x x in fact, bricklayers are not covered by the provisions
of the Shop Crafts Agreement; x x x"
"this (bricklaying) is work that has always been performed
by B&B mechanics at Cumberland and for which they have
always been paid their regular rate of pay x x x."
The letter quoted was "in connection with request (of the M. of W.
Organization) that A. B. Miller, Bridge Mechanic, Cumberland Division, who was used
to reline boilers and furnaces around the shops at Cumberland, be allowed a rate of
95
cents per hour."
In other words, it is proven that B&B Mechanics were used to reline
boilers and furnaces, specific reference being made to boilers at Indianapolis and
Moorefield, and that this entailed bricklaying work, which is specifically covered
by the Scope Rule of the Organization here petitioning.
Here, Organization is claiming that this Carrier violated its agreement when it "assigned employees outside the scope thereof to make repairs to the
brick arch in the Amesteam boiler at Moorefield, Indiana, on April
28
and
29, 1955."
Carrier contends the Amesteam generator replaced the old power plant
at Moorefield, and that within it is "a brick arch or combustion chamber" which must
be renewed periodically "in the same fashion that a brick arch in a steam locomotive
has to be renewed."
s8~a$l
DOCKET N0.
3
Carrier maintains further that the work involved is "arch brick work,"
not bricklaying; that it is "an arch built of circular brick cemented together the
same as the arch in the water tube steam locomotive boiler and the work comes within
the confines of the boilermaker craft organization x x x."
Carrier argues the Amesteam unit is a special high pressure boiler,
and that it has the responsibility of selecting employees who are adequately skilled
and trained in this kind of work.
A mere assertion that the type of work here involved is not "bricklaying," is not sufficient. The installation of brick, irrespective of shape, is
still bricklaying.
On the basis of this record we must conclude that Carrier has failed
to meet its burden of proving that the nature of the work involved is not bricklaying
or that B&B forces are not qualified to do this work to which they are otherwise
entitled under the provisions of the applicable agreement.
A sustaining Award is indicated.
AWARD
Claim sustained.
(s) A. J. Cunningham
A. J. Cunningham
Employee Member
Dated at Baltimore, Maryland, this
23th day of March,
1960.
(s) Edward A. Lynch
Edward A. Lynch
Chairman
(s) T. S. Woods
T. S. Woods
Carrier Member