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                    SPZCI.:L BOARD CF i.DJUSTi.EMT PTO. 541


                  BROTHERHOOD OF KLINTENANCE OF WLY R:PLO LES


                              ADD


                      ERIE LACKlWkNUb Rb1-LWLY COMJ'ANY


    STATM~EINT OF CLAIM:


            1. The Carrier violated the effective i.greencnt by allowing other than Bridge and Building employes to paint Rutherford Station beginning April 11, 1964 and continuing.


        2. The Carrier shall. now reimburse Bridge and Building employos Herary Weiss,

                                                            '-


            Nick Robando, Ndchael Giannaccaro, Charles Frustace and Willie Nichols, at their respective pro rata rates, for their proportionate share of an equal number of hours as was involved in the painting of this Rutherford Station by outsiders, beginning i.pril ll, 1964 and continuing until completed.


            FINDIM.S: Petitioner couplxi2 that Carrier permitted civic organiptior_s to paint the Rutherford, New Jersey Station, although five Bridge and

    Building enp loyes, the claimants herein, had beenfUrloughed. The station was -

    owned and operated by Carrier and there is no evidence that it was being abandoned.

    It is equally clear that such work belongs to the employes under the hreement and

    that it was performed with Carriers knowledge.


    While the work in controversy helped beautify a building located in the - City of Rutherford and therefore nay have been prompted by consideration of civic pride, it certainly benefited Carrier and trespassed on rights protected by a collective bargaining agreement. That trespass is not justified by the fact that no consideration was furnished by Carrier for the work or that management would not have performed the work if it had involved any cost. We are not at liberty to consider the equities or Carriers financial position and, since Claimants manifestly were deprived of work that they were entitled to perform, are constrained in this specific factual situation to sustain the claim.


    AW:F.I): Claim sustained.


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


                      /s/Harold M. Weston.

                        HiiROLD 3·:. WESTON, Neutral


    -Is/_I. J. Cunningham /s/R. L. Carroll

    ORGANIZLTION 1,Tr-=R. CLRRIE"R IDIc:BER