Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27015
THIRD DIVISION Docket No. MW-26643
88-3-85-3-507
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when, on August 16, 1984, four (4)
Track Department employes were used to perform Bridge and Building Department
work on the 'Merchants Bridge' (System File 1984-9/013-293-16).
(2) B&B Mechanics 0. Guion, T. A. Killian, K. G. Case, J. K. Conley,
A. Sims and A. Hood shall each be allowed seven (7) hours of pay at their
respective straight time rates because of the violation referred to in Part
(1) hereof."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Six employees of the Bridge and Building Sub-Department were assigned
on August 16, 1984, to repair work on the Merchants Bridge. Also assigned to
work with these employees were four employees of Track Sub-Department, whose
work was characterized by the Organization as "staightening, setting and
aligning bridge ties and guard timbers and moving and setting walk boards."
The Carrier states that the work of the Track Sub-Department employees was to
"discard some of the old and lay in place some of the new ties, timbers and
railway boards."
The Organization claims that the work performed by the Track SubDepartment employees should have bee
Sub-Department employees.
Form 1 Award
No.
27015
Page 2 Docket
No.
MW-26
88-3-85-3-507
An examination of Rule 2, Classification, as well as the Organization's contentions, fails to de
question or that it was inappropriate for Track Sub-Department employees to be
engaged in such assignment. Since the Organization fails to establish that
the Agreement provides exclusive rights to this work, especially where the
assisting work was performed by other Maintenance of Way employees, the claim
is without rule support.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r -.Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.