Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27699
THIRD DIVISION Docket No. MW-27197
89-3-86-3-272
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:
(Burlington Northern Railroad Company (former
( St. Louis-San Francisco Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it used machine operators
instead of trackmen to perform trackmen's work with Gang 120 on January 28 and
29 and February 21, 1985 (System Files B-2274/EMWC 85-4-18 and B-2274-1/EMWC
85-5-8B).
(2) Because of the aforesaid violation, Trackmen L. D. Watson shall
be allowed twenty-four (24) hours of pay at his straight time rate and ten and
one-half (10 1/2) hours of pay at his 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 Claim is a companion Claim to that involved in Third Division
Award 27696. In that Award we sustained the Claim on behalf of the furloughed
Trackman involved. Three of the Claim dates involved are the same three Claim
dates here. On these three dates Claimant was assigned to another gang.
Accordingly, on these facts there is no basis to award Claimant compensation.
A W A R D
Claim dismissed.
Form 1 Award No. 27699
Page 2 Docket No. MW-27197
89-3-86-3-272
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
' 011
Nancy J. ver - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of February 1989.