Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9931
SECOND DIVISION Locket No. 9071
2-BN-CM-'84
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( The Brotherhood Railway Carmen o f the
( United States and Canada AFL-CIO
Parties to Dispute:
( Burlington Northern, Inc.
Dispute: Claim of Employes:
1) That the Burlington Northern, Inc violated the terms of the controlling
agreement, specifically Rules 27(a), 83 and 86, when they augmented the Pasco,
Washington wrecking crew by the use of Carrier's supervisors and officials
at the site of a derailment near Glade, Washington, July 23 and July 24, 1979.
2) That accordingly, the Burlington Northern, Inc. be ordered to additionally
compensate Carmen W. M. McCollum and D. L. Simmons in the amount of seventeen (17)
hours each at the applicable wrecking rate of time and one half (1-1/2) for service
claimed of 7:00 P. M. July 23 through 12:01 P. M. July 24 , 1979.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute
are respectively carrier and employes within.the meaning of the Railway Labor Act
as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of
appearance at
hearing thereon.
In this dispute concerning assignment of work to other than Carmen, the Carrier
raises the same procedural objection as in Award No. 9930. The date of
occurrence
was July 23-24, 1979. The original claim was dated September 21, 1979, but
not received by the Carrier until September 25, 1979.
The Board's reasoning in dismissing Award No. 9930 is equally applicable
here.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST:
0-ea~
Nancy J. v -Executive Secretary
Dated at Chicago, Illinois, this 6th day of June, 1984