NATIONAL. RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19415
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when on April 10, 11, 13 and
14, 1970, it used employes outside the scope of the Carrier's Agreement with its
Maintenance of Way employes to operate a bullgrader to clean off Track 57 in
Radnor Yard at Nashville (System File 1-25/E-304011).
(2) Mr. H. E. Hardy bg allowed eight (8) hours' pay at the bullgrader's
time and one-half rate (April 11th) and twenty-four (24) hours' pay at the bullgrader's straight
OPINION OF BOARD: The record shows that at Carrier's Radnor Yard, Nashville,
Tenn., track No. 57 is what is known as cleanout track, where
shop craft employes clean cars by removing refuse and debris from the cars onto
the ground. A bullgrader is kept at this location for the specific purpose of
cleaning the walkways when the collection of debris becomes excessive. The Claimant is a machine ope
contended that the Agreement was violated on the dates involved because a shop
craft employe was used to operate the bullgrader in cleaning the debris from the
walkway.
In the handling of the dispute on the property the Carrier presented
to the Organization a letter dated July 17, 1970, from the Division Engineer at
Nashville, reading in part:
"Mr. Willis, Roadmaster, informed me that this has been
the practice for many a year. The shop employees clean
the cars by shoving and pushing all the trash and debris
from the cars onto the ground. When the amount of trash
becomes excessive in the walkways, Mr. Hardy is called.
However, if he is not available the shop employees use
the bull grader to clean the walkways. The bull grader
is kept at this location just for this purpose. It is
estimated that sir. Hardy cleans the walkways about 50%
of the time and the shop employees the remaining 50%."
Award Number 19292 Page 2
Docket Number MW-19415
The statement of the Division Engineer was not disputed by the Organization and we, therefore, must
Carrier states that Claimant Hardy is assigned as Backhoe Operator in the Nashville Terminal Track G
One of the days involved in the dispute, April 11, 1970, was Claimant
Hardy's rest day. There is no showing in the record that he was not available
for work on that day, and in view of the contention of the Carrier throughout
the handling that Claimant was used to operate the Bullgrader when available,
we will sustain the claim for that date only, but in view of the record as made
on the property, we will deny the claim for all other dates.
This award is based upon the facts and record in this docket and is
not to be used as a precedent in any other dispute.
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 violated to the extent indicated in Opinion.
A W A R D
Claim sustained to extent shown in Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of June 1972.
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