SPECIAL BOARD OF ADJUSTMENT NO.
293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT OF CLAIM:
That the Carrier violated the effective agreement when on July
24, 1959,
it assigned three Boilermakers to dismantle a steel lancing platform
located at the Elizabethport Power House, Elizabethport, New Jersey.
That the three senior furloughed ironworkers holding seniority on
the Central Division in the Bridge and Building Department now each
be reimbursed for an equal proportionate share of the time consumed
by the Boilermakers in performing this work on July
24, 1959.
OPINION OF BOARD:
The steel lancing platform in question was originally manufactured in the
Boiler Shop at Elizabethport by shop craft employees classified as boilermakers, and was erected by them outside the Elizabethport Power House during
the latter part of
1957.
The concrete piers providing support for this platform were constructed by Maintenance of Way masons. Following completion of
this structure the maintenance work thereon was performed by employees in the
M of W Bridge and Building Department.
In July
1959,
the Carrier no longer having need for this lancing platform,
three boilermakers from the Boiler Shop were assigned to dismantle the structure in order to obtain parts for use in erecting a steel inspection and
maintenance platform around a boiler inside the Power House. The contention
in this claim is that the Carrier assigned these boilermakers to perform dismantling work belonging to employees in the Bridge and Building Department,
who are covered by the Maintenance of Way Agreement.
The dismantling of this outside structure is work which the Carrier's
B&B forces are qualified to perform. Although as a general proposition it may
be said that work of the character in question falls in a twilight zone, we
think that under the particular circumstances here involved the subject work
was covered by the M of W Agreement and should have been assigned to employees
in the Bridge and Building Department.
A WAR D: Claim Sustained.
/sd/ Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
/sd/ A. J. Cunningham /sd/ C. S. Strang
A. J. Cunningham, Employee Member C. S. Strang, Carrier Member
Jersey City, N. J.
October
13, 1964.