NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25312
Herbert L. Marx, Jr., Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(Z) The Carrier violated the Agreement when it assigned Track Department
forces instead of Bridge and Building Department forces to install ·Vibra Flex·
(waterproofing material) on the 'Gunpowder River Bridge' on September 14 and 15
1981 (System Locket 293).
(2) As a consequence of the aforesaid violation, B&B employes J. R.
Cooper, D. Settlemeyer, R. Warfield, J. Gray, F. Caserta, R. Singleton and E.
Lean shall each be allowed sixteen (16) hours of pay at their respective straight
time rates.
OPINION OF BOARD: This dispute arose
concerning the
assignment of certain work
involved on Gunpowder Bridge. Such work, according to the
Carrier's description, involved track and ballast removal and upgrading as well
as repairs as needed to concrete decking and drains on the bridge. In
contention
here is the laying of Vibra Flex material between the bridge surface and the
tracks for the purpose of waterproofing.
The Carrier assigned employes of the Track Department to this work,
while the Organization argues that it should have been assigned to employes of
the Bridge and Building Department.
The Organization relies on its Scope and Work Classification Rules as
one basis for its claim. It is also obvious that the work was performed on a
bridge. It is equally true, of course, that the laying of the vibra Flex material
was related to the trackage itself, rather than to any structural component of
the bridge.
The Scope and Work Classification Rules are, in reference to Bridge and
Building Department employes, fairly general in nature. There was no showing
that the work was involved with bridge structures or that Bridge and Building
employes exclusively or even generally were utilized for the application of the
waterproofing material to trackage. There was no
convincing contradiction
to the
Carrier's position that the work was relatively unskilled and appropriate for
performance by
Track Department employes as well as by others.
The claim is without merit owing to lack of specificity in the Work
Classification Rule as to this work; the lack of demonstrated general practice;
and the readily apparent
involvement of
both Building and Bridge Employes and
Track Department employes in track work on the bridge.
Award Number 25462 Page 2
Locket Number MW-25312
Procedural points raised by the parties as to the claim processing
procedure are without sufficient substance to require further comment here.
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J rer - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of May 1985.