NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21063
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated its agreements with the Brotherhood of
Maintenance of Way Employes when it assigned employes on Extra Gang 258 to
work on one of their rest days (Saturday) without applying the overtime provisions of the Agr
(2) The claimants identified by name in Attachment "A" to our
letter of claim presentation dated October 2, 1973, each be allowed an additional five (5) hours of
August 4, 11, 18, 25, September 1, 8, 15, 22 and 29, 1973 and for each date
subsequent thereto that they are worked on one of their rest days.
OPINION OF BOARD: After a trial period and negotiation, the parties agreed
to the conditions under which a compressed work week
could be established. The agreement specified fixed rest days and work days.
Carrier decided to vary the rest days and instead of negotiating
1oith the Brotherhood it made individual agreements with the affected employes.
The individual agreements are without effect and Carrier stands in viola
tion of both the Agreement with respect to compressed work weeks and its ob
ligation to deal with the Brotherhood. It is a basic proposition in labor
relations that the obligation to bargain runs to the organization and
not to individual members.
The record shows that no one worked on August 4 and the claim
for that date is not supportable. The claim is sustained for those persons
shown on "Attachment A", which was submitted to Carrier on October 2, 1973,
for each Saturday they worked under the compressed work week rules.
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 21048 Page 2
Docket Number MW-21063
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 to the extent stated in the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of April 1976.