SPECIAL BOARD of ADJUSTMENT No. 293

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

versus

THE CENTRAL RAILROAD COMPANY OF NEW JERSEY


STATEMENT OF CLAIM:



OPINION OF BOARD:

 On the morning of September 11, 1959 the Supervisor of Track received - a complaint concerning an excessive growth of brush and weeds along the Carrier's right-of-way at Franklin Junction and was instructed to correct this condition immediately. The section gang for this area was then working at Ashley, approximately 12 miles away. The carrier states that the only employes available at the time were a Grinder and a Grinder Helper. In any event, these two employes were assigned to cut the brush and weeds. They completed this task in approximately six hours, using brush hooks and axes. They were continued on their regular rates as Grinder and Grinder Helper while performing this work.

 The confronting claim is based on the Organization's contention that the Grinder and Grinder Helper were used to perform work outside their seniority sub-department and that this work belongs to Track Laborers (Trackmen). Compensation in pro rata amount is requested for the two senior furloughed Track Laborers. The Carrier denies that the subject work is reserved to Track Laborers and asserts the Grinder and Grinder Helper were properly utilized on the subject occasion.

 Grinders and Grinder Helpers are in the Welders and Grinders subdepartment of the Track Department. There is a separate seniority roster for this sub-department. Track Laborers are also included in the Track Department but are on a seniority roster for Laborers. Employes normally reach the WelderGrinder group by promotion from the Laborer category. It is expressly provided in the Agreement (Exhibit 10) that all employes in the Welder-Grinder group "will be permitted to retain and accumulate their seniority as tracknen and will also be permitted to exercise displacement rights as a trackman in case of force reduction, change of headquarters or displacement. Voluntary transfers from this group to position of trackman will be considered a demotion and the employe will forfeit all seniority in this group."
 Page 2 AWARD No. 17
 CASE No. Mod-245

 We find that the handcutting of brush and weeds is normally the work of Laborers. Since employes in the Welder-Grinder group who had previously acquired seniority as Traclmien continue to hold and accumulate such seniority while in the Welder-Grinder group, we conclude that no Agreement violation results if they are used to perform Track Laborer work when there are no welding or grinding tasks for them to do. This interpretation of the contract also is reflected in the practice on the property. In the instant case, however, there is no indication that there was a shortage of grinding work for the subject Grinder and Grinder Helper to perform. They were given the disputed assignment only because there was a temporary increase in the volume of Laborer work to be done.

 It cannot reasonably be said that the disputed assignment resulted from an emergency condition. The Grinder and Grinder Helper did not perform weed and brush cutting on September 11, 1959 as incidental to their regular grinding duties. We do not agree with the Carrier's contention that Agreement Rule 31 (Preservation of Rates) sanctioned its disputed action under the involved circumstances. That rule specifies the rate to be paid an employe "temporarily filling the place of another employe" but does not sanction the use of employes outside their seniority group under any and all circumstances.

 We conclude that in the instant case the Grinder and Grinder Helper were improperly used to perform work accruing to employes on the Laborers' seniority roster. The claim will be sustained.

        Claim sustained.


                  (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. January 25, 1962