HATIOHAL RAILROAD ADJUSTMENT BOARD

Award Humber 24379

THIRD DIVISION Docket Humber Aft-24324

Joseph A. Siakl.es, Referee

(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Ann Arbor Railroad System
( (Michigan Interstate Railway Campargyj. Operator)

STATSM OF CLAIM: 'Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it flailed to recall furloughed Sectioamen A. R. Michaa and J. W. Matthias to perform work on Section 7 on May 19 and 20p 1980 and stead assigned such work to Section Caw 6.

(2) Furloughed Seetionmen A. R. llicham and J. W. Matthias each be allowed sixteen (16) hours of pay at their respective straight-time rates because of the violation referred to in Part (1) hereof."

OF33FION (&' BOARD: The Claimants had been furloughed on March 26, 1980 and
on May 19 and 20 members of Section 7 were called upon
to replace five (5) broken rails.

The Claimants assert that they should have been recalled to perform the routine rail repair work sin do so.

On the property# the Carrier asserted that it was necessary to change the broken rails in order to one trains and because of the "emergency nature of the project" the work was done with men available in ardor to continue the movement of equipment.

We believe that there is ample authority far the Carrier's action in this case and we d. not feel_'xhat under the facts of record, as we understand them that it was n perform the work in question due to the timing and the nature of the work.

FINDINGS: The Third Division of the Adjustment Board.. upon the whole record and all. the evidencep finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employer involved in this dispute are respectively Carrier and &sgloyes within the meaning of the Railway labor Act., as approved June 21p 1934;

Award Number 24379 Page 2

Docket Number MW-24324

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A N A R D

Claim denied.

NATIONAL RAILPDAD AWD37MM H&M

By Order of Third Division

ATTEST: Acting Emecutive Secretary
National Railroad Adjustment Board

,W 'a
Rosemarie Breach - Administrative Assistant

Dated at Chicago, Illinois, this 13th day of May 1983.

'``GEI V ED

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