SPECIAL BOARD OF
AWUSTMENT N0
.
293
BROTfERR00D OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT
OF CLAIM:
(1) The Carrier violated the Agreement by failing to assign a B&B
painter to the work of painting the interior of the Lumber Yard
Office at Elizabethport, New Jersey, on March
15
and
16, 1958.
(2) The B&B painter who would have been assigned to this work be
now paid an equivalent number of hours at his pro rata rate
of pay as was worked by the outside party in the performance
of the work referred to In Part (1) of this claim.
OPINION OF BOARD
:
At the time that General Foreman Dunn performed the work complained of in
this case, the Lumber Yard Office at Elizabethport was scheduled to be abandoned
by the Carrier. It is clear that the General Foreman painted the interior of the
office upon his own initiative and without prior knowledge by the Carrier. It also
is evident that since this facility was scheduled to be vacated, the Carrier had
no intention of painting the interior of the office.
In view of the circumstances outlined above, we do not think the Carrier
should be held liable for the action complained of.
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