BROTHERHOOD OF NAINTET?ANCE OF WAY EMPLOYES

and

THE BALTIMORE AND OHIO FAILROAD COMNY




STATEMENT "Claim of the System Committee of the Brotherhood that: OF CTAIM:
 The Carrier violated the effective agreement by failing to pay certain specified trackmen the difference between their trackman's rate of pay and carmen helper's rate of pay for work performed at Cassell, Ohio, on March 15 and 16, 1960.

 That Trackmen W. E. Gibbons, J. J. Ramsey., and R. D. McBee be now compensated for the difference in rates referred to for eight hours each account of work performed on March 15, 1960, at Cassell, Ohio.

 That Traciamen J. J. Ramsey., R. E. MCBee, and L. F. Watson be now compensated for the difference in rates for five hours each account of work performed on March 16, 1960 at Cassell,, Ohio.

 FINDINGS: While the work here involved was not customary car repair work in the
 normal manner, it was such that the car involved was made useable, and its cargo was carried to its destination with slight delay.

 However, because the Organization concedes (Tr. p. 238) that the longer and harder portion of the job was the moving and handling of the twenty aluminum blocks weighing 1500 pounds each, and the shorter job was the placing of the ties to cover the hole in the floor of the car, we must view the facts in their logical sequence: (1) the aluminum blocks had to be moved; (2) the ties had to be set in place to cover the hole in the floor of the car and (3) the aluminum blocks had to be replaced atop the ties.

 The Organization claims (Tr. p. 222) that the entire job took "eight hours the first date and five hours the second date."

 That being true, it is only common logic to conclude that the major portion of the work being performed on the first day of eight hours, and again within the first five hours of the second day, the phase of the work giving rise to this claim--the placing of the ties to cover the hole in the floor of the car -- could not have preponderated on either day, as required under Rule 28 and Award No. 22 of Special Board of Adjustment No. 287.



    Claim denied in accordance with Findings.


                    - Lynch

                    EWdEALAh, Chairman


    (s) A. J. Cunningham (s) T. S. Woods

A. J. Cunningham, Employee Member T. S. Woods, Carrier Member
 Dated at Baltimore, Md.., this 26th day of March, 1963.