NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20891

THIRD DIVISION Docket Number MW-20749

William M. Edgett, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Burlington Northern Inc.

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier used a B&B employe from Seniority District No. 23 to operate a boom truck on Seniority District No. 24 on February 8, 1973 (System File P-P-122C/MW-84(i) 5-17-73).

(2) First Class Carpenter A. A. West be allowed eight hours' pay at his pro-rata rate because of the violation referred to in Part (i) of this claim.

OPINION OF BOARD: Carrier violated the Agreement when it assigned an employee
from seniority district No. 23 to operate a boom truck on
seniority district No. 24. The employee from district No. 23 was a carpenter,
the same classification as Claimant in this case, and by assigning him work out
side his seniority district Carrier violated the right of an employee holding
seniority in that district to perform the work.

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.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: ~ ' ~~Z Executive Secretary'

Dated at Chicago, Illinois, this 12th day of December 1975.