NATIONAL RAILROAD ADJUSTMENT BOARD
Robert A. Franden, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed and refused to bulletin the position of truck driver on the B&S gang at
Phippsburg, Colorado and when it assigned B&B Foreman Williamson to perform the truck driving work (System File D-9-17/MW-1-70).
(2) The Carrier be required to bulletin the position referred to
within Part (1) of this claim in accordance with schedule rules.
EMPLOYES' STATEMENT OF
FACTS: Positions of truck driver are
subject to bulletin in accordance with Rule 11(a) which reads:
"Except for section and extra gang laborers, new positions and
vacancies including temporary vacancies of thirty (30) calendar days
or more duration created by the absence of the regular occupant of a
position account sickness, leave of absence, etc., shall be bulletined
to all employes holding seniority and assigned in the class in which
the new position or vacancy occurs.
New positions shall be bulletined as much in advance of their
establishment as possible but in no event later than ten (10) calendar
days after they are established.
Vacancies, including temporary vacancies of thirty (30) calendar
days or more duration, shall be bulletined as promptly as possible, but
in no event later than ten (10) calendar days after the vacancy occurs.
A temporary vacancy which starts out on an indefinite basis shall be
bulletined as soon as it is known it will exist thirty (30) calendar
days."
The successful applicants to positions of truck driver established seniority
in the class and are required to meet certain qualifications and to perform
work in accordance with Supplement "3" which, insofar as it is pertinent
hereto, reads:
Claim was timely and properly presented and handled by the Employes
at all stages of appeal up to and including the Carrier's highest appellate
officer.
The Agreement in effect between the two parties to this dispute dated
January 1, 1969, together with supplements, amendments and interpretations
thereto is by reference made a part of this Statement of Facts. (Exhibits not
reproduced).
CARRIER'S STATEMENT OF FACTS:
Phippsburg, Colorado is a terminal
point of this Carrier and is located 168 rail miles west of Denver, Colorado.
Phippsburg, Colorado is the headquarter's point of B&B Gang No. 22. In
November, 1969, when the General Chairman first requested a truck driver on
the gang, this gang consisted of 1 Foreman, 2 Carpenters and 1 B&B Helper.
There was no truck driver assigned to this gang at that time nor had there
been one during the entire year 1969.
The B&B Helper on this gang, Mr. A. W. Humphrey, whose birth date
is March 8, 1905, did not wish to drive the truck assigned to this gang, so
the truck was driven by the B&B Foreman when it was used.
Carrier desires to call your attention to the Statement of Claim submitted
to your Honorable Board by the Organization. This Statement of Claim was
never presented to the Carrier during handling on the property.
OPINION OF BOARD: For the reasons set out in Award No. 18876 which
was presented with this case and in which the same issue is involved we will
deny the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: E. A. Killeen
Executive Secretary
Dated at Chicago, Illinois, this 10th day of December 1971.
Keenan Printing Go., Chicago, Ill. Printed in U.S.A.
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