Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27771
THIRD DIVISION Docket No. MW-27082
89-3-86-3-135
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:
(Davenport, Rock Island and North Western Railway
(Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when, from November 20, 1984 to
January 6, 1985, and on a continuing basis, the Carrier used Roadmaster D.
Holloway and Assistant Roadmaster M. Gladfelter to perform routine track
inspection work between Mile Post 158.9 and the 'East Wye Switch' at Davenport
(System File 31-3).
(2) Because of the aforesaid violation, Track Inspector M. Hughes
shall be allowed two hundred twenty-eight (228) hours of pay at the track
inspector's straight time rate and one hundred thirty-six (136) hours of pay
at the track inspector's overtime rate for November 20, 1984 through January
6, 1985 and pay at the appropriate track inspector's rate (straight time or
overtime) for each hour routine track inspection work performed by Messrs. D.
Holloway and M. Gladfelter subsequent to January 6, 1985 continuing until the
position of track inspector covering the territory referred to in Part (1)
hereof is bulletined and assigned."
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.
The pertinent Agreement provisions disputed herein refer to the
position of track inspector and track inspection. The Carrier eliminated the
position and the Organization claims that a Supervisor is now regularly doing
the employee's work of inspecting track.
Form 1 Award No. 27771
Page 2 Docket No. MW-27082
89-3-86-3-135
The Carrier denied on the property any Agreement violation. It
argues before this Board that the Claim was pursued to the Board without any
requested conference held on the property.
We have reviewed the Carrier's contention and must agree. Although
the Organiztion includes in its Rebuttal a letter attesting to the conference s) on the property con
evidence. Moreover, that letter is dated October 31, 1986, more than seven
(7) months following the Organization's March 4, 1986 Notice of Intent. Our
review of the on-property record shows no evidence of a conference. This
Board is restricted to hear only cases presented in the "usual manner" and to
make its Awards based only upon evidence and argument presented on the property (Section 3, First (1
No. 1 of the National Railroad Adjustment Board). We must, therefore, dismiss
this Claim. This Board lacks jurisdiction as there is no probative evidence
in the on-property record of a conference being requested or held.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
0000 :~p
Attest: ' '
Nancy J.
D
- Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.