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Award 1'0. 53
i·_/I No. 8C7-G
' EL No. 227

SPECIAL BOARD OF .0TUSTi.ENT 110. 547.

:arties to Dispute:

Brotherhood of haintenance of ;lay Erployees Erie Lackawanna Railway Coa.pany

1. Carrier violated the effective Agreerent by allowing a Contractor to construct a bunk room building at Hornell, New York, for the exclusive use of Erie employees of the Transportation Department.

2. B&B Department employees, as identified below, were denied the ri-rht to perform this wor=: end shou2_d now be compensated for an equal proportion of the hours of work performed by Contractor's employees;

Carpenters Plumbers
R. R. Reynolds E. L. Snalt
F. L. Broim J. C. Schwarta
' R. L. i:anry C. E. Sleggs
. 14. C. Hull ?J. i:axson
C. S. Andrews R. A. Dapice
D. P4assi

3. Carri,r shall also pay eadh Claimant 6% interest per amiur on the r:onetary allowance accruing from the initial claim date until paid.

FIBDINGS

The substance of this claim is that Carriers own ezaployees should have been used to construct a two-story wood frame building at Hornell, New York. The building was designed to provide suitable lodging facilities for Carrier s train and engine employees. It was constructed by railroad Roadside ::otels, Inc. on lanC owned by Carrier but leased to the builder.

Ordinarily, the work of constructing buildings on a carriers property belongs to its maintenance of tray employees, unless the buildings are not to be used-for railroad purposes or the necessary manpotter, expertise or ewipment is not available or outside help is required to meet emergency situations or time schecules. The facts of each case concerning the construction of railroad facilities by outside contractors must be scrutinized to deter_ine the rights of the parties.

In the present case, there is no indication that the lease and. contract were designed to circumvent Carrier's obligations under its collective bargaining agreements. Nor does it appear that Railroad Roadside i:otels, Inc. is under Carrier control and is not in full control of the property it has leased.

Award No. 53

5~3~ Sy'l - ~wa S3

We are satisfied that Railroad Roadside Motels, Inc. is an independent contractor with considerable experience and skill in constructing and operating lodging facilities.

These factors, together with the important consideration that there is no evidence that Claimants were not continuously employed on a full-time basis while the building was under construction, persuade us that there has been no violation of the applicable Agreement in this situation.

Under the specific circumstances of this case, the claim will be denied. Cases involving such minor construction as remodeling of office space and partitions are to be distinguished from the present situation.

AWARD: Claim denied.

Adopted at Cleveland, Ohio, October 16, 197/+.

Isl H. 14. `zeston H. M. Weston, Chairman .

` s/ R. A. Carroll /s/ A. J. Cunningham
R. A. Carroll, Carrier Member A. J. Cunningham, Employee iember

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