NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25960
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
(formerly St. Louis-San Francisco Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when it abolished the position
of Fuel Foreman at Memphis, Tennessee on January 21, 1983 and assigned the
work of that position to storeroom employes (System File B-2180/MWC 83-7-28).
2. Fuel Foreman R. L. Lipscomb, Jr. shall be compensated for all
time lost, including overtime, beginning January 21, 1983 and continuing until
Mr. Lipscomb is returned to his position as Fuel Foreman at Memphis, Tennessee."
OPINION OF BOARD: This Claim is identical, but for the identity of the
Claimant and the geographic location, to the Claim decided
in Third Division Award No. 25878.
The Board is not unmindful of, and has considered the reasoned arguments advanced by the Organiz
between the same parties have been previously decided, as noted above, we
again associate ourselves with the Division's position of adhering to the
precedents of decided cases, unless these cases relied upon are found palpably
in error. That is not the case here and the Claim must be denied.
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 26510 Page 2
Docket Number MW-25960
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
i
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 9th day of September 1987.