SPECIAL BOARD OF ADJUSTMENT No.
293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT OF CLAIM:
(1) The Carrier violated the effective Agreement by assigning
an employe of the United Excavating Company of Linden,
New Jersey, to perform bulldozing work in connection with
the preparation of a sub-grade for a new siding to the
Continental Can Company on the Reformatory Branch of the
Central Division during the period of May 1 to May
12,
1959.
(2)
That the senior rostered machine operator working in a
lower rank or furloughed at the time this claim arose be
now compensated at his respective straight time hourly
rate for the number of hours equal to those consumed by
the contractor's employe in the performance of this work.
OPINION OF BOARD:
On or about May 1,
1959
the Carrier began construction of a new siding
serving the Continental Can Company at Carteret, N. J. The necessary preparation
of a sub-grade for the new track required the use of a bulldozer but the Carrier's
bulldozer was in the shop in an irreparable condition. The Carrier had a new
bulldozer on order but this machine was not scheduled to arrive in sufficient time
to enable the Carrier to meet the June 1,
1959
deadline imposed by Continental.
Can's general contractor for completion of the siding. The Carrier contacted
several local firms for the purpose of renting a bulldozer to be operated by one
of its operators. All of these firms refused to rent a bulldozer on a short-term
basis, however, unless one of their own employes operated the equipment. A bulldozer operated by an employe of the renting firm was therefore used to perform the
subject grading work. Hence the present claim.
We conclude that the work in question is covered by the subject agreement. We also note that it is work, rather than equipment, over which the contract between the parties holds jurisdiction. Because of certain unusual circumstances surrounding this case, however, we conclude that the requested compensation is not warranted.
AWARD
Part (1) of the claim sustained. Part
(2)
of the claim denied.
(s) Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
(s) A. J. Cunningham (s) C. S. Strang
A. J. Cunningham, Employe Member r
_d.
_S.Strang, Carrier-Member
Jersey City, N. J. January
25, 1962