NATIONAL. RAILROAD ADMSTM91VT BOARD
TIRD DIVISION Docket Number M)1-19457
Robert M. O'Brien, Referee
Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Crane Operator H. G. Hinckley from the W
engineer's work at the Ford Plant at Lorain, Ohio on the Nickel Plate District
beginning on December
8, 1969
(System File MW-BVE-70-2).
(2) Crane Operator A C. Ruthsatz be allowed
pay
at the hoisting
engineer's for all time expended by Machine Operator H. G. Hinckley beginning
on December d, 1969 and-bontinuing until he is returned to the Wheeling and Lake
Erie District.
OPINION C!' BOARD: The dispute herein involves facts, rules and contentions
similar to those in Award No. 19542. Here Carrier
assigned a maintenance of way Crane Operator who has seniority on the Wheeling
and Lake Erie District, to perform hoisting engineer's work at the
Ford
Plant,
Lorain, Ohio which is located within the Nickel Plate District, It is undis
puted that employes with seniority on the Wheeling and Lake Erie District are
covered by a different agreement than the one covering employes of the Nickel
Plate, Lake Erie and Western and Clover Leaf District.Seniority is restricted
to each District respectively.
For the reasons stated in Award No. 19542, we will sustain the
claim. It makes no difference that the work here was performed by a~W employe.
The employe assigned does not hold seniority on the district on which the work
was performed and he was thus not entitled to it. Claimant
who
olds seniority
on the Nickel Plate District should have been assigned the l4oistiag engineer's
work in question.
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;
Award Number 19543 page 2
Docket Humber Mil-19457
That this Division of the Adjustment Board has 4urisdiction over
the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: i
Executive Secretary
Dated at Chicago, Illinois, this 20th day of December 1972.