NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25020
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Denver and Rio Grande Western Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(Z) The Carrier violated the Agreement when it assigned and used a
Car Department employe to perform Maintenance of Way and Structures Department
work at Grand Junction, Colorado on June 26, 1981 (System File D-24-81 /MW-23-81).
(2) Because of the aforesaid violation, Machine Operator B. Murray shall
be allowed seven (7) hours of pay at his straight time rate.
OPINION OF BOARD: This is a claim filed by the Organization on June 30, 1981 on
behalf of the Claimant, B. Murray. It is alleged in the claim that
the Carrier:
"...assigned or otherwise permitted an employee of the Car Department
craft who hold no seniority rights under the Brotherhood of Maintenance
of Way Employees Agreement to operate a caterpillar 920 front-end
loader in the performance of grading roads, loading track material
such as ballast, excavating and general Mantenance of Way work on
Grand Avenue and railroad crossing which was being repaired by the
Grand Junction Section and B & B Forces."
The work was performed for seven (7) hours on June 26, 1981.
The issues in the instant case are the same as those already reviewed and
ruled upon by the Board in Award No. 24897. Only the name of the Claimant,
the date, and the relief requested are here at variance with that claim. The
Board's decision is the same here as it was there for the reasons set forth in
Award 24897.
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.
Award Number 24898
Docket Number MW-25020 Page 2
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
_ By Order of Third Division
ATTEST:
i
Nancy J 4er - Executive Secretary
Dated at Chicago, Illinois, this 18th day of July 1984.