NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26039
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company (Northern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when, without thirty (30)
calendar days' written notice to the General Chairman, it abolished Forces
1305 and 1306 effective January 24, 1983 (System File C-TC-1614/MG-3961).
(2) As a consequence of the aforesaid violation, Forces 1305 and
1306 shall be re-established with the incumbents (Messrs. G. Tarrant-Force
1305 and S. Zambori-Force 1306) reassigned thereto and Messrs. Tarrant and
Zambori shall each be compensated for all loss of overtime pay suffered."
OPINION OF BOARD: Mr. G. Tarrant worked as a Roadway Machine Repairman
assigned to Force Number 1305 which had existed for over a
decade. Mr. S. Zambori also worked as a Roadway Machine Repairman assigned to
Force Number 1306 which had been in operation for thirteen (13) years. Claim
ants' Tarrant and Zambori accrued significant overtime by virtue of seniority
in those Forces. On January 24, 1983 Carrier notified Claimants that Force
1305 and 1306 were assigned to Force 1310.
The Organization argues therefore that Carrier has abolished Forces,
changed work methods wherein "road" assignments of Forces 1305 and 1306 became
"shop" assignments in Force 1310, and that as such, Claimants have lost overtime by virtue of senior
argues a violation of Rules 1 1/2 and 8 1/2 and presents supporting documentation of "road" assignme
Carrier denied alleged noncompliance with the Agreement, any reference to
"road" or "shop" assignments and any Rules violation including seniority
assignments.
The Board finds that the Carrier acted in conformance with Rule 1 1/2
of the Agreement, which provides in pertinent part as follows:
"In the event the carrier decides to effect a
material change in work methods . . . the carrier
will notify the General Chairman . . .
Award Number 26107 Page 2
Docket Number MW-26039
and Rule 8 1/2:
"Territories may be rearranged or gangs abolished
after thirty (30) calendar days written notice has
been served on the General Chairman of the
Employees' Organization and conferences held for
the purpose of reaching an understanding concerning
reassignment of the employees affected to the
rearranged territory."
The Carrier maintains, without convincing contradiction, that the
force numbers were changed for accounting purposes. The cited Rules apply
only to material change in work "methods", rearranged territories or abolished
gangs. There is no evidence of record of changed work methods. Bulletin I#2
of January 17, 1983, which is proffered by the Carrier refutes "road" verses
"shop" designations and substantiates Carriers' argument that territorial
assignments have not been rearranged. All positions and forces herein discussed are headquartered at
on property that such overtime was governed by Rule 32(e) and continued
unchanged.
Finding no Agreement Rule violation, abolishment of positions, probative evidence to substantiat
work, a showing of seniority violation or a loss of overtime, this Board
denies the Claim. There is no evidence to substantiate Carrier's failure to
comply with the Agreement to give notice to the Organization under the circumstances and events at b
work methods occurred.
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.
Award Number 26107 Page 3
Docket Number MW-26039
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
lop
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of August 1986.