NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19293
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company
STATEMENT OF CLAIM: Claim of the System
Committee of
the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned a plumber
foreman and three (3) plumbers to perform carpenter work in connection with making repairs to an ove
(Case No. 3.70 MW).
(2) Carpenter Foreman Francis M. Reilly be allowed two (2) hours' pay
and Carpenters Clayton G. Utter, Claude L. Dexter and Raymond Robinson each be
allowed six (6) hours' pay at their respective straight time rates
because of
the
violation referred to within Part (1) of this claim.
(3) The Carrier shall also pay the claimants six percent (6%) interest
er annum on the monetary allowances accruing from the initial claim date until
paid. .~
OPINION OF BOARD: On June 13, 1969, Carrier assigned & B forces to make tem-
porary repairs to a steel slat owin door at Shop 18, Oneonta,
New York, that had been damaged by a switch engine earlier that day. On June 24,
1969, a Plumber Foreman and three Plumbers were assigned to make permanent repairs
to the door. Claimants are all members of B & B Force. Claimants were available
and qualified to have performed this work. Award 4845 (Carter) confirms Claimant's
position in this case. On the basis of said Award, Claimants were entitled to
perform the involved work. Carrier, not having proved that this work could not
have been performed on overtime or by re-scheduling work, is also liable for damages as claimed in P
interest claimed in Part 3 of this 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;
I
Award Number 19324 Page 2
Docket Number MW-19293
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 in accordance with the Opinion.
A W A R D
Part 1 of this claim - sustained.
Part 2 of this claim - sustained.
Part 3 of this claim - denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
e744
oxwz~d
Executive Secretary Q
Dated at Chicago, Illinois, this 30th day of June 1972.
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