r · r
SPECIAL BOARD OF ADJUSTMENT N0.
287
PARTIES: BROTHERFIOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 1+
STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) The Carrier violated the effective Agreement when it assigned
other than Bridge and Building Mechanics to perform the work of painting three
(3)
Air Tanks at Washington, Indiana;
(2)
B&B Mechanic George R. Taylor now be allowed eight
(8)
hours'
straight time pay account of the violation referred to in part one (1) of this claim."
FINDINGS: The Third Party issue is raised here by the Carrier. We ruled on
this point in the Award in Docket No. 1, and adopt the same position
here.
The Carrier is charged here with violating the effective agreement
'brhen it assigned other than Bridge and Building Mechanics to perform the work of
painting three
(3)
air tanks at Washington, Indiana."
Organization relies heavily on Section (b), sub-section
6,
paragraph
(b) of the Scope Rule:
"(b) This Agreement does not apply to:
"6.
The following work when performed by other than B&B forces:
"(b) Maintaining and painting material bins and
tanks within store rooms or oil houses."
The air tanks in question are located between the Back Shop and the
Coach Shop at Washington, Indiana. Organization notes these tanks were "not within
store rooms or oil houses."
It is Carrier's contention, essentially, that the Organization has
never before contended that this particular work of painting air tanks belonged to
B&B forces; that Rule
138
of Carmen's agreement gives this work to shop crafts'
employees. It offers in evidence Motive Power Department circular and bulletin to
support its claim that employees under the Shop Crafts' agreement have done this work.
The same parties, the same type of claim, the same issues and the same
argument were before the Referee in Award
8093
of the Third Division.
The contracting parties here, in that portion of the Rule previously
quoted, explicitly excluded "maintenance and painting material bins and tanks within
store rooms or oil houses."
Storage bins were involved in Award
8093:
air tanks are involved here.
These tanks are not "within store rooms or oil houses."
s6AaR~l
DOCKET N0.
4
It being a cardinal rule of contract construction that where an
exception is specifically and expressly set forth, no other may be implied, a
sustaining Award is here in order, as it was in Award 8093.
AWARD
Claim sustained.
(s) A. J. Cunningham
A. J. Cunningham
Employee Member
Dated at Baltimore, Maryland, this
28th day of March, 1960.
(s) Edward A. Lynch
Edward A. Lynch
Chairman
(s) T. S. Woods
T. S. Woods
Carrier Member