SPECIAL BOARD OF ADTt1ST1LNT N0; 541
BROTHERHOOD OF ITAINTEMANCE OF WAY EMPLOYES
And _
ERIE LACKAGJANNA RAILWAY COMPANY
STATEMFNU OF CLAIM: -
1. The Carrier violated the effective Agreement by failing to assign
overtime work to Plumber Helper-Truck Driver Walter Hackett, in
the driving of his truck in night. Vme hours on emergency work
from June 29 to July 8, 1961, inclusive.
2. The Carrier shall now compensate Claimant Plumber Helperi=ao_t Driver
E,'alter Hackett at his Plumber Helpers rate of pay for all time lost
due to this violation of the agreement.
FILINGS:
Claim-ant, a plumber helper whose duties included operating tae gang's
truck, worked his assignment on each of the claim dates. At right on each of
those dates, a plumber drove the truck to perform certain repairs. The c=^..im
is that the plumber helper should have been called upon to perforia that night
work on an overtime basis.
The difficulty with Petitioner's contention is that, as we pointed
out in Award 31, neither the applicable agreement nor evidence of past practice
provides a basis, in our opinion, for holding that the operation of a truck
assigned to a plumbers' gang belongs exclusively to the plumber helper. The
posting arid advertisement of the positions are merely descriptive of the duties
mentioned and do not establish exclusivity. We are not satisfied fro= the re
cord %hat Carrier has committed itself to the
proposition that
in small plumber
groups, all truck driving work belongs only to the plumber helper. The claim
uM be don
ni
AWARD: Claim denied.
Datod at New York, N.Y., this 6th day of February, 1969.
Isl
Harold M. Weston
Harold M. Weston, Neutral Member
Isl
A. J. Cunningham
A. J. Cunningham, Organization =:ember
Isl
R. A. Carroll
R. A . Carroll, Carrier 1·:ember