_C _0 _P _Y
PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT N0.
366
PARTIES TO DISPUTE:
Brotherhood of Phintenance of Way Employes ) Case No. 18
and ) Award No. 18
Southern Pacific Lines in Texas and Louisiana )
(Texas and New Orleans Railroad Company) )
Sgg(ATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The carrier violated the effective Agreement by assigning to parties
not covered by the Agreement the erection of three Armco pre-fab metal buildings
in the Carrier's Alfalfa Yards at Alfalfa, Texas, during the months of July and
August,
1959.
(2)
That B&B Foreman R. N. Allen, Assistant Foreman W. E. Morris and B&B
Mechanics A. E. Harrison, H. A. Moore, A. Voeleker, and J. G. Conova and B&B
Helpers T. Costello, t=T. E. Mayes and B. J. Walters , all holding seniority on the
San Antonio Division Roster, be now compensated for
a
hours each at their respective
pro rata rates of pay for each of the following dates: July
23-24-25-27-28-29-30
and 31, also August 1,
1959,
the dates the contractor's employees performed this
work referred to in part 1 of this claim.
FINDINGS:
Upon the whole record and all the evidence, after hearing, the Board finds that
the parties herein are carrier and employee within the meaning of the Railway Iabor
Act, as amended, and that this Board is duly constituted by agreement and has jurisdiction of the parties and of the subject matter.
In this case the Organization claims violation of the Agreement by the Carrier
in contracting-out and permitting a general contractor to erect three Armco pre-fab
metal buildings in the Carrier's Alfalfa Yards at Alfalfa, Texas, during the months
of July and August,
1959.
From the record, the Board finds that the scope rule of this Agreement does not
outline the work to be performed by the Maintenance of Way Employes and does not
contain a provision that the Carrier cannot contract-out work. The erection of the
shell of the building by the Armco contractor constituted about
15;b
of the entire
work that was performed in the erection of these three buildings. In the past the
Carrier has had this type of work performed by its own B&B forces and also by outside
contractors. It is, therefore, not the customary and traditional work performed by
the B&B forces and is not the exclusive work of the B&B forces. Therefore, this
claim will be denied.
AWARD: Claim denied.
(s) Thomas C. Begley
Thomas C. Begley, Chairman
(s) A. J. Cunningham, Employee Member
Dated at Houston, Texas
December
17, 1962.
(s) L. C. Albert, Carrier Member