NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19647
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( Texas and Louisiana Lines
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it called and used Extra Gang Foreman M. B. Horn ins
to inspect track between Hearne and Dime Box, Texas on June 13, 1970 (System
File MW-70-65).
(2) Extra Gang Foreman J. R. Peyton be allowed seven (7) hours of
pay at his time and one-half rate because of the violation referred to in Part
(1) hereof.
OPINION OF BOARD: Section 1(i) of Article II, of the Agreement reads, insofar
as here material:
Work on Unassigned Days: Where work is required by the
Carrier to be performed on a day which is not a part of any
assignment, it may be performed by an available extra or unassigned
employee who will otherwise not have forty (40) hours of work that
week; in all other cases by the regular employee. (Emphasis supplied.)
From our study of the record made on the property we find that the pivotal
issue to be adjudicated in determining the merits of the Claim is whether under
the factual situation presented Claimant was the "regular employee" within the
meaning of that phrase as historically interpreted and applied by this Board
and as generally understood in the industry. From the facts of record we find
that Claimant was not the "regular employee".
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 20130 Page 2
Docket Number MW-19647
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
Carrier did not violate the Agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of January 1974.