SPECIAL BOARD OF ADJUSTMENT N0. 293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEGT JERSEY
STATEMENT OF CLAIM
:
(1) That the Carrier violated the effective agreement by assigning
Bridge and Building forces holding seniority on the Central Division
to perform B&B work on the Raritan River Drawbridge on the New York
and long Branch Railroad, a different seniority district, commencing
on October
17, 1958,
and continuing.
(2) That Bridge Carpenter Foreman Peter Palumbo and Bridge Carpenters
Sheldon Michaels and Gordon Irons be now compensated for an equal
number of hours at their respective rates of pay, as was worked by
the employes from the Central Division in the performance of this
work.
OPINION OF BOARD
:
On October
15, 1958,
an accident occurred at the Raritan River Drawbridge
(New York and Long Branch Railroad) which resulted in broken piling at the extreme
end of the south wing, east side, extending about ten feet into the draw channel.
Since this broken piling was fouling river traffic, it was necessary to make repairs
as quickly as possible.
Carrier assigned a Bridge Carpenter Foreman and certain B&B employes, all of
whom hold seniority in the district in which the accident occurred, to make the
necessary repairs. Because the New York and Long Branch Railroad did not own a
pile driver which was necessary for the repair work, Carrier sent a lighter to the
scene from the Central Division, together with a Pile Driver Engineer, Bridge Carpenter Foreman of the lighter and two Bridge Carpenters--all of whom hold seniority
on that Division. In addition to operating the pile driver and lighter, employes
from the Central Division supplied material to the New York and Long Branch B&B
employes who were working on the bridge.
The evidence discloses that the employes who were entitled to perform work on
the bridge did in fact perform it. The work performed by the Foreman and Carpenters
from the Central Division, which is the only activity that is protested in this
claim, did not deprive the Claimants of any work to which they were entitled under
the Agreement.
AWARD
Claim denied.
(s) Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
(s) A. J. Cunningham (s) C. S. Strang
A. J. Cunningham, Employe Member C. S. Strang, Carrier Member
Jersey City, N. J., November 30,
1959