Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27655
THIRD DIVISION Docket No. MW-27064
88-3-86-3-116
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when Trackman F. Scheu was not used to
perform overtime service on his assigned section territory (Colonie Section)
on August 5, 1984 (System File II10-85).
(2) Assistant Director-Labor Relations J. T. Delano failed to
disallow the claim (appealed to him under date of March 12, 1985) as
contractually stipulated within Rules 35(e)2 and 35(e)4.
(3) As a consequence of either (1) and/or (2) above, Claimant F.
Scheu shall be allowed 'four hours pay at the time and one-half 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.
This is a contract interpretation dispute initiated on September 28,
1984, by the Organization. The Organization claims that required repair work
to a heat kink was performed by a Foreman rather than Claimant to whom the
work contractually accrued. In the particulars of the instant case the Organization is arguing that
A review of the record shows the facts and circumstances are essentially those already considere
wherein the central issue at bar is procedural.
Form 1 Award No. 27655
Page 2 Docket No. MW-27064
88-3-86-3-116
In that case by reference, as in this, the Board finds that the Carrier did not deny the Claim w
parts 2 and 3 of the Claim are sustained on procedural grounds. See Third
Division Award 19974 referred to in the above referenced Award.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 16th day of December 1988.