SPECIAL BOARD OF ADJUSTMENT No. 498
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
PARTIES:
vs.
GREAT NORTHERN RAILWAY COMPANY
AWARD IN DOCKET No. 8
STATEMENT
OF CLAIM: "Claim of the System Committee that:
(1) The Carrier violated the effective Agreement by assigning
the Section crew at Wahpeton, North Dakota to complete a Bridge and Building
assignment in the replacing of side-walk planking at Second and Third Streets
on Wednesday, October 25, 1961.
(2) That Bridge and Building employes Bernard Ehlert, SilaB
Keeney, Louis Jones and Michael J. Swan, Minot Division be now compensated at
their respective pro rata rates for a proportionate share of the 16 hours of
time consumed by this Section Crew on October 25, 1961 in performing this work
referred to in part one of this claim."
FINDINGS: It appears that section crews have repaired and replaced cross
walks when done in connection with track work or when the B and
B crew was working at some distant point. Here the employes contend that the
claim should be allowed because the B & B crew had been at Wahpeton on October
19th and made preparation for or started work on the replacement of the cross
walks involved.
It was certainly the right of the Carrier to plan and assign
the work of the B & B Crew, so the question of whether the work to which it
was moved on Thursday, October 19th, was emergency work is not relevant. The
fact is it was moved to perform other planned work about 100 miles away.
Thereafter on Sunday, October 22nd, some residents of Wahpeton
complained to the roadmaster about the condition of the walks and he instructed
the section foreman to replace them. The work was performed on October 24th or
25th. This was simply essential work performed while the B & B crew was working at a distant point and. entirely within the established practice.
There is no rule nor any showing of a practice which requires
that work be completed by the employes to whom it is first assigned. Thus
DOCKET No.
8
- 2 - S.B.of A. No.
4.98
the claim could be sustained only if the work claimed was shown to belong
exclusively to the claimants. Under the prior practice the claim is without
merit.
AWARD: Claim denied.
(s) Dudley E. Whiting
Dudley E. Whiting, Referee
(s) A. J. Cunningham (s) T. C. DeButts
A. J. Cunningham, Organization Member T. C. Desutts, Carrier Member
Dated at St. Paul, Minnesota,
this 6th day of August,
1963.