BROTHERHOOD OF MP_INTE.NF DICE OF WAY 3f2 I 0YES

Ana

ERIE LACICUJANN& RAILWAY COMPANY

STATElr~ OF CLAIM: -

i. The Carrier violated the effective Agreement by fe.iling to coati- _-

nue Plumber Helper Wayne Jenks as One Truck Driver operating the

truck for the plumbing gang, beginning March lb 1961,., and continuing.

2. That Plumber Helper Wayne Jenks be now cor_pensated at his respective rate for all hours of work involved, beginning Karch 16, 19649 and continuing until this condition has been corrected.

FINDINGS:

The gist of the present claim is th.t the work of ope=_:tirg the truck

assigned to the plumbing gang belongs exclusively to the plumber helper, the

claimant herein, who had been performing the work of that position in addition

to driving the truck. Under that theory, the plumber helper could not be IEid _

off or his position abolished, so long as any transporta.ticr for the plumbing

gang is required. While it would appear that such a rule would achieve some

impractical results, as evidenced by the instant situation where the alunbing -

gang had dwindled in size to :z forerosacn, lead plumber and plumber, we, of

course, would enforce it if it were based on a clear and definite agreement

between both parties. -

There is nothing in the applicable collective barges=nag agreement that, by fair interpretation, provides a valid basis for thus clai-,:, and while _ there is some evidence of past practice, it is not sufficient to establish the exclusivity advocated by Petitioner. The fact that one supervisory employe, Assistant Engineer Parsons, issued notices back on February 15 and April 5, 1955, regarding uniform posting procedures for positions that included truck - i driving duties and the additional fact that thereafter in the same year he agreed with the general chairman to assign a regular truck dri;·er to crack sections "now furnished with trucks' do not manifest the necessary clear ex- - pression of intention on Carrier's part to accept a long range commitment to restrict the operation of the truck assigned in a small plumbing or carpentry unit to any one employe. We are not in accord with Petitioner's view that the creation and use of a regular combination position of Plumber Helper-Truck Driver means that no other member of the plumber gang msy drive trucks, particularly when the number of plumbers in the gang has been reduced to three in - number.

The claim will be denied.

AWARD: Claim denied. -

/s/ Harold M. Weston

Dated at New York, N.Y., this Harold M. Weston, Neutral

6th day of February, 1969. /s/ A. J. Cunninehar2

A. J. Cunningham, Organization _erroer