C:\MYDOCU~1\SCHEDU~2\3-27211.htm

Form 1

PARTIES TO DISPUTE:

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

The Third Division

addition Referee Peter

(Brotherhood

(Grand Trunk

STATEMENT OF CLAIM: "Claim of the

(1) The Carrier violated mutual agreement between the Chief assigned outside forces to perform at Quincy, Ohio December 4 through 1-151 and 8365-1-156).

Award No. 27211
Docket No. MW-26564
88-3-85-3-302

consisted of the regular members and in

R. Meyers when award was rendered.

of Maintenance of Way Employee
Western Railroad Company ~fT

System Committee of the Brotherhood that:

the Agreement when, without benefit of Engineer and the General Chairman, it track work in connection with a derailment December 14, 1982 (Carrier's Files 8265-

(2) As a consequence of the aforesaid violation, furloughed Backhoe Operator S. K. Pollock shall be allowed eight (8) hours of pay at the backhoe operator's straight time rate for each day during the claim period on which a backhoe was used by an outside concern and the following named furloughed employee shall each be allowed pay at their respective rates for an equal proportionate share of the number of man-hours expended by outside forces in the performance of other than backhoe operator's work.

Abercrombie, William G. Adams, William T. Allen, Robert L. Angerer, Randy L. Back, Vaughn Barnes, Jack L. Barrie, II, James A. Baughman, Joseph A. Beekman, Donald C. Bellman, Kevin R. Bonner, Perry A. Brady, Rickey L. Bunker, David H. Buttrey, Homer D. Clark, William M. Cook, Mark L. Cross, Douglas K. Culveraon, Darrly A. Davis, Darry A. Donnelly, Terry L. Erickson, Leon R. Floyd, Leslie A.

Gibson, David B. Gilbreath, Roland H. Glinke, Willard G. Graham, Kenneth E. Griffin, Jr., James C. Grube, Carl B. Gulliver, Jerry J. Hartsock, Harry Hazy, Charles J. Heidner, John W. Hensley, Randall L. Herhager. David M. Hiegel, Michael Higgins, James C. Hughes, Thomas G. Hurston, Douglas H. Hurston, Ricky G. Hussey, Richard Mac Hutchinson, Mark A. Johnson, Karl W. Jones, David R. Kahn, Philip S.
Form 1 Award No. 27211 Page 2 Docket No. MW-26564 88-3-85-3-302 Kearney, Richard C. Rayle, William D. Keefer, Robert B. Redman, Mark A. Kreinbrink, Richard C. Reforno, Mark A. Kritzwiser, Greg A. Richardson, Ted E. Lambert, David C. Pies, Richard A. Lambert, Steve A Ries, Ronald A. Lantz, Ricky D. Ritchie, Gary A. Larnhart, Richard M. Rose, Randall A. Laws, Benjamin Schaffer, Ernest E. Lee, Timothy A. Scheffler, Steven E. Lenoir, Gregory Seedorf, Kevin L. Martin, Michael G. Simpson, Thomas S. McFann, Randy C. Smith, Bernard R. McGinnis, James W. Smith, Gary C. McLean, Daniel J. Sorah, Charles E. Meek, Ralph E. Taylor, Bennett L. Melchior, II, Karl W. Tennille, Kenneth B. Morgan, Kenneth D. Valicenti, Perry L. Navarro, Antonio Wallace, Jr., John E. Norris, Mickie D. Warrior, John E. Otto, Jr., Robert L. Wesley, Linard P. Payne, Kenneth Williams, Mark E. Pierce, Carl R. Wilson, Sheldon D. Pitchford, David K. Wright, Sr., Arthur C. Poole, Carl R. Wyatt, Gerald A. Poore, Todd D. Young, David A. Powell, Allen L. Young, Robert E. Ramirez, Alfonso S. Ziegler, Kent E." 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 employees involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approve This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant S. K. Pollock is employed as a machine operator by Carrier in its track sub-department; the other 97 Claimants are employed as trackmen in the track sub-department. On December 4, 1982, all Claimants were on furlough status. On that dat assigned its track subdepartment forces to perform repair work at the derailment site, then used an use of outside forces instead of recalling furloughed employees. Form 1 Award No. 27211 Page 3 Docket No. MW-26564 88-3-85-3-302 This Board has reviewed the record in this case, and we find that the Organization has not met the burden of proof required to demonstrate that the Carrier violated the Agreement by subcontracting out the work in question after the derailment on December 4, 1982. Hence, this claim must be denied. It is true, as the Organization argues, that the work performed was work which is ordinarily considered Maintenance of Way work. However, given the emegency situation and the fact that the Carrier was in need of equipment and men to operate that equipment which it did not have within its own forces, the Carrier acted within its rights by bringing in the subcontractor for the short emergency work. Given the fact that the Carrier needed backhoe and bulldozer work performed in this emergency situation, and given the qualifications of its furloughed violated the Agreement by its actions in this case.

A W A R D

Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division Attest: I~ Nancy J. D -Executive Secrefary Dated at Chicago, Illinois, this 20th day of July 1988.