NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25494
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way Mmployes
PARTIES TO DISPUTE:
(Chesapeake
6
Ohio Railway Company (Southern Region)
STATEMENT OF CLAIM: ·C1aim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it suspended
Messrs. D. Cupp, C. Perry, R. Adkins, D. Scarberry, C. Hanshaw and S.
Byrd for seven and one-half (7-1/2) hours on September 8, 1982 without
benefit of a fair hearing as required by Rule 21 (a) (1) (System File CTC-1447/MG-3675).
(2) The Claimants shall each be allowed seven and one-half
(7-1/2) hours of pay at their respective straight-time rates because of
the violation referred to in Part (1) hereof.*
OPINION OF BOARD: This dispute involves a Claim that B&B Mechanics
were taken out of service, thereby subjecting them
to discipline without an investigation in violation cf Rule 21 of the
controlling Agreement.
The essential facts are not in dispute. On September 4,
1982, a Carrier Supervisor determined that the Claimants did not have
the tools to perform their duties. These Claimants then were not allowed
to work until such time as they possessed the necessary equipment.
The Board has thoroughly reviewed the record before it and
has considered the Awards upon which both parties relied in the advancement
of their assertions. It is apparent from the record before us that the
Claimants lacked the proper tools to perform the work required of them
an the day in question. The Carrier therefore had a legitimate basis
to withhold the Claimants from service until they were properly equipped
to perform their duties. The Carrier, under the circumstances here,
has reasonably construed Rule 70 - Tools of the Agreement. Accordingly,
the Claimants were not disciplined since Rule 21 of the Agreement does
not apply, and the Claim must fail.
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 25819 Page 2
Locket Number MW-25494
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 ver - Executive Secretary
Dated at Chicago, Illinois this 12th day of December 1985.