Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27183
THIRD DIVISION Docket No. MW-26382
88-3-85-3-299
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned junior
Trackman D. E. Vigil to perform overtime service on March 4 and 31, 1984,
instead of using Trackman-Truck Driver C. A. Gutierrez, who was senior,
available and willing to perform that service (System File 140-33-8419/111580-220-410).
(2) Claimant C. A. Gutierrez shall be allowed seventeen (17) hours
of pay at his time and one-half rate in effect on the claim dates."
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.
The relevant facts are not in dispute. On March 4 and March 31,
1984, Signal Maintainer J. Gutierrez called Trackman D. E. Vigil to assist him
in certain repair work. Trackman Vigil, however, is junior to the Claimant.
The Organization contends that the Claimant, pursuant to Rule 33(1), should
have been called to perform the work.
The Carrier essentially contends that Signal Maintainer J. Gutierrez
did not have the authority to use a Trackman to assist him in the performance
of Signalmen's work and it had no knowledge (at the time) of this action on
his part. Therefore, the Carrier argues that under these particular circumstances, it should not be
act.
Form 1 Award No. 27183
Page 2 Docket No. MW-26382
88-3-85-3-299
Based on the facts presented in this case, we agree with the Carrier.
Clearly, what was done here by the Signalman was without authority or the
knowledge of the Carrier. Moreover, the record indicates that the work in
question belongs to the Signalmen Craft. Thus, if in fact the Carrier would
have authorized the work to be done at the time and the manner that it was
performed, it would have been assigned to the senior available Signalman.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ev - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.