Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27695
THIRD DIVISION Docket No. MW-27185
89-3-86-3-253
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Western Maryland Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it used a B&B mechanic
to perform chauffeur's work on the B&B gang headquartered at Port Covington
(System File 8-MG-5298).
(2) Because of the aforesaid violation, furloughed Chauffeur F. C.
Campbell shall be compensated for all wage loss suffered beginning sixty (60)
days retroactive from March 28, 1985 and continuing until the violation referred to in Part (1) here
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 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 Claim is a similar to the claim involved in Third Division Award
27327. Both Claims are premised on a notion that the Agreement was violated
when Carrier restructured forces in late 1984, and abolished certain positions
and had work of the abolished positions performed by remaining personnel. As
was the case concerning the Claim before us in Award 27327, Carrier here also
raises a time limit defense. It argues that the incident upon which this matter is based w
years prior to the filing date of the Claim. It seeks to have it dismissed
under the provisions of Rule 16, contending that the Claim was filed out of
time.
In Award 27327 we dealt with the same basic issues as those here involved and dismissed that Cla
of time. Nothing in this record persuades us that a different result is required
here. The Claim will be dismissed.
Form 1 Award No. 27695
Page 2 Docket No. MW-27185
89-3-86-3-253
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
'Nancy J.
Zeprelr
-.Executive Secretary
Dated at Chicago, Illinois, this 2nd day of February 1989.