SPECIAL BOARD OF ADJUSTMENT NO. 293
BROTHERHOOD OF MAINITENANCE OF WAY EMPLOYES
THE CENTRAL. RAILROAD COMPANY OF NEW JERSEY
STATE OF CLAIM:
1. The Carrier violated the effective Agreement when on or about October
15, 1960 and subsequent dates thereafter, it assigned or otherwise
permitted persons other than employees covered by the Scope of our
Agreement, to make certain repairs to the Port Monmouth Passenger
Station, N. J.
2. All House Carpenters and Painters maintaining seniority on the Southern
Division and the senior Plumber maintaining seniority on the New York
and Long Branch (NY&LB) Division, be now compensated at their respective
pro rata rates of pay for an amount of hours equal to the number of hours
consumed by the outside parties who erformed this referred-to work,
starting on or about October 15,
1960
and continuing.
OPINION OF BOARD:
The contention in this claim is that Carrier violated the Agreement by assigning or otherwise permitting members of a Commuters' Association in the area of
Port Monmouth, N. J., to make repairs to the Port Monmouth Passenger Station. The
work involved consisted of repainting the outside of the building, repairing all
shingles, doors and windows, and also making repairs to the plumbing in the building.
The record discloses that the subject passenger station was abanooned by the
Carrier and subsequently ownership of said building was pc9.uired by the Township
of Middletown through purchase. The disputed work was performed on the structure
after it became the property of the Township. Thus it is apparent that this case
differs from the facts involved in Award No. 14 of Special Board No. 285, and
also differs from the circumstances involved in Award Nos. 56 and 58 of Special
Board of Adjustment No. 488--these three awards having been cited in behalf of
the Organization.
The Port Monmouth Passenger Station building and land having been abandoned
by the Carrier and subsequently having been purchased by the Township prior to
the performance of the work here in dispute, we must conclude that no violation
of the labor agreement occurred. A denial award is warranted.
AWARD: Claim denied.
/8/ Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
!s/ A. J. Cunningham /s/ C. S. Strang
A. J. Cunningham, Employee Member C. S. Strang, Carrier Member
Jersey City, N. J.
May 31, 1966