ERIL LiaCKL LI~NTL~ RLILWAY CONTLNY


M.TEI,MT OF CLAD!:
    1. The Carrier violated th effective hgreement by failing to assign to _

the xrc Welder's Group the work of repairing tamping bits beiwr used on the Elect
 romatic Tamper then working on the former Erie Railroad in the vicinity of E].mL.ra
 and Waverly, N. Y., commencing October 1, 1963 and continuing.

 2. The Carrier shall now reimburse Arc ?)elder, R. Hurrley, for the difference between compensation earned during the period beginning October 1, 1963 and continuing on all subsequent dates, and the earnings in coripensations he would have received had this referred to repair work been assigned to him in accordance with the Agreement.

 FINDINGS: This dispute concerns the assignment of repair work to tamping bits used
 in the electromatic tamper. The tamper was being used at the time in
 the vicinity of Elmira and Waverly, New York, which was Erie Railroad territory
 prior to its merger in 1960 with the Lackawanna. The repairs, according to fot-
 itioner, therefore should have been performed by former 5ri66 eiployes. Instead -
 the bits were transported to Bath, Hew York, in Lackawanna territory and repaired
 thero by a former employe of that railroad.

 It may well be, as Petitioner insists, that work performed in the Erie arcs must be handled by former Erie employes. However, repairs to parts of a machine do not necessarily have to be performed in arty one territory or in the place where the tamper itself is located. This is particularly true in the present case where the record does not indicate that management was acting in bad faith and seeking to circumvent its hgreement with the Organization. Carrier's explanation that the repairs were needed speedily because of a major derailment and that Bath was used because it was much nearer than the Erie repair point is quite realistic and reasonable.

 It is our opinion the t the claim is not supported by the Agreement or record and should be denied.

 n1dARD: Clain denied.

      Dated at New York, N. Y. this 29th day of October 1968.


                /s/Harold hf. Weston

                  HAROLD Ht. WESTON, NEUTRAL


    /s/A. J. Cunninaham /s/R. h. Carroll

    ORGANIZATION X7&MER CARRIER 1JatiBER