SPECIAL BOARD OF ADJUSTMENT N0. 541
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
Erie Lackawanna Railway Company
STATEMENT OF CLAIM
1. Claim of the System Committee that the Carrier violated the effective
Agreement by assigning Truck Foreman F. L. Steward, Truck Driver
George hferithew, Trackman-Operator R. C. Dunn and Trackmen Robert
Graham and Jerry Ryan to the work of applying Koppers 16 preservative
and pea gravel on Ruth Creek Bridge Deck which is work belonging to
the Bridge and Building Department, beginning September 13, 1967 and
continuing to the expiration of the job.
2. These above identified claimants be now compensated for. the difference in what they received at their respective Track Department
rates of pay and what they should have received if they were compensated at the Carpenter Foreman and Carpenters' rates of pay for all
hours involved from September 13, 1967 until completion of the work.
FINDINGS:
The question at issue is whether the work of applying "Koppers 16" and
"pea gravel" to bridge ties belongs exclusively to carpenters. This dispute
arose when Carrier assigned that work to trackmen and they filed a claim for
the difference between their pay rate and that
of
carpenters.
There is nothing in the applicable Agreement or in the fundamental nature
of the work itself that reserves the right to perform such duties to carpenters. Nor is there any evidence of past practice helpful to Petitioner in
this case since this type of work had never been performed on the former Erie
portion of Carrier's system, the area involved in this situation. It appears,
on the other hand, that tracknen on former DL&W property have handled the
application of fire retardants to bridge ties.
We agree with Petitioner that Bridge and Building carpenters are to be
used when bridge structural repairs and maintenance are concerned. Here, however, the only work performed was
on
ties and none of it was on the bridge
structure itself. Petitioner has not established that applying "Koppers 16"
and "pea gravel" to the ties is the exclusive work of carpenters and the
claim will be denied. See Public Law Board No. 76, Award 17 and Third Division Award 5870.
AWARD: Claim denied.
Adopted at Cleveland, Ohio, on October 16, 1974.
/sl H. M. Weston
H. 14. Weston, Chairman
IsZ
R. A. Carroll /sLA. J. Cunningham
R. A. Carroll, Carrier Member A. J. Cunningham, Employee Member.
Award No. 49