(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Eastern Lines)



(1) The Carrier violated the Agreement when it arbitrarily reduced the work week of Track Laborers B. Johnson, D. A. Alonso and L. E. Zeigler by denying them work on April 11 and 12, 1983 (System File MW-83-44).

(2) Because of the aforesaid violation, Track Laborers B. Johnson, D. A. Alonso and L. E. Zeigler shall each be allowed sixteen (16) hours of pay at their respective straight time rates."

OPINION OF BOARD: In early April, 1983, Claimants Johnson and Zeigler were
regularly assigned Track Laborers on Extra Gang 225 at
Wharton, Texas. Their rest days were Saturday and Sunday. Claimant Alonso
was working a Monday through Friday laborer position on Extra Gang 215. Claim
ants were the successful bidders for three track laborer vacancies on Extra
Gang 235 headquartered at Houston. The Extra Gang 235 positions were Wednes
day through Sunday assignments. By two bulletins dated April 5, 1983, and
April 7, 1983, the Carrier notified Claimants that their assignments as Track
Laborers on Extra Gang 235 were effective Monday, April 11, 1983. On Friday,
April 8, 1983, Claimants were informed that they could no longer work on their
respective gangs since they were assuming the Extra Gang 235 positions as of
the following Monday. Claimants reported to Extra Gang 235 on April 11, 1983.
However, the Carrier prevented them from performing service until Wednesday,
April 13, 1983.

The relevant excerpt from Article 11, Section 1(i) of the March 19, 1949 National Agreement reads: "Beginning of Work Week: The term 'workweek' regularly [sic] assigned employees shall mean a week beginning on the first day on which the assignment is bulletined to work..." The advertisements in this instance clearly showed that the assignments on Extra Gang 235 commenced on a Wednesday. Since it was the first day of the assignment, Wednesday constituted the first day of from changing the start of the workweek by placing Claimants on their new positions on a designated could have easily filled the Extra Gang 235 positions as well as the resulting vacancies on Gangs 215 and 225 in an orderly fashion according to the requirements of the Agreement.
                      Docket Number MW-25715


Claimants should have been permitted to work their prior assignments until the first day their new assignments were bulletined to work. Each Claimant is entitled to sixt April 11 and 12, 1983.

        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.


                        A W A R D


        Claim sustained.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest:
        Nancy J. r - Executive Secretary


Dated at Chicago, Illinois this 24th day of April 1987.