Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27697
THIRD DIVISION Docket No. MW-27200
89-3-86-3-276
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:
(Duluth, Missabe & Iron Range Railway
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned 'BRAC Mechanics' instead of the Bridge a
the Case 450 tractor during the first two (2) weeks of December 1984 (Claim
9-85).
(2) Because of the aforesaid violation, the two (2) senior furloughed B&B Welders on the Mis
B&B Welder's rate for an equal proportionate share of the man-hours worked by
the 'BRAC Mechanics' to fabricate the plow."
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.
In 1984 Carrier acquired a bulldozer to be used to plow pellets at
its Duluth stockpile storage facility. As delivered, the bulldozer could not
adequately clean pellets out of inter-rail pockets. A notched extension was
fashioned for the bulldozer blade so it would fit over rails. This fabrication was built <
another craft's agreement. The Organization claims that the work involved
should have been assigned to B&B welders working under its Agreement.
The Agreement provisions relied upon by the Organization are paragraphs (c) and (g) of Rule 26,
reading of the language of these provisions we are unable to conclude that a
requirement exists that all welding on ore dock mobile equipment must be done
exclusively by Maintenance of Way B&B welders. Careful study of the Organization's submission fa
contract language or practice, to perform the work of fabricating a plow extension for a piece of mo
Form 1 Award No. 27697
Page 2 Docket No. MW-27200
89-3-86-3-276
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~~
Nancy J /~er - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of February 1989.