Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27334
THIRD DIVISION Docket No. MW-26617
88-3-85-3-367
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company (formerly The
Pittsburgh and West Virginia Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when, on May 9, 1984, it
assigned and used welders to perform track work on #R4 Shop Track and A Track
at Rook, Pennsylvania (Carrier's File MW-ROK-84-07).
(2) Because of the aforesaid violation, furloughed Trackmen R. A.
Dhanse and M. Montani shall each be allowed five (5) hours of pay at the
trackman's straight time rate."
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.
At the time this dispute arose, Claimants were furloughed Trackmen in
Carrier's Track Subdepartment. On May 9, 1984, certain of Carrier's Welders
performed repair work to track and rails at Rook, Pa.
As a result, the Organization filed the instant claim, seeking five
hours' pay for each Claimant. Carrier timely denied it. Thereafter, it was
handled in the usual manner on the property. It is now before this Board for
adjudication.
The Organization asserts that the disputed work had traditionally and
exclusively been performed by Trackmen. In its view, these repairs were not
the work of Welders. Therefore, it insists, Carrier violated the Agreement by
assigning Welders to repair the tracks and rails on May 9, 1984, at Rook, Pa.
Form 1 Award No. 27334
Page 2 Docket No. MW-26617
88-3-85-3-367
Furthermore, the Organization maintains that Trackmen are entitled to
perform this work on a temporary as well as permanent basis. Therefore, in
the Organization's view, no legitimate reason existed for Carrier to call anyone but Claimants to co
Carrier submits that the rails at Rook, Pa. were broken and had to be
welded. As such, Welders and not Trackmen, had to be called to perform this
work. Thus, it asks that the claim be rejected.
A review of the record evidence convinces the Board that the claim
must fail. The repairs made on May 9, 1984, involved primarily the welding of
broken rails. Obviously, some handling of track was necessary to accomplish
this task. However, such work, at most, was incidental to primary task.
Clearly, Welders weld rails. Trackmen do not. As such, the repair
work was not work which belonged to Trackmen.
In this context, the Organization has not demonstrated that Trackmen
traditionally and exclusively performed these repairs. It simply has asserted
this to be the case without demonstrating that it is so. Under these circumstances, it is clear that
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.